Trees and the Law

Author
Discussion

e600

Original Poster:

1,315 posts

151 months

Sunday 26th June 2016
quotequote all
I have 2 large Chestnut trees near a boundary. 2 years ago my neighbour asks that I cut branches off that extend over the fence into his property, directly above his garage roof.

I employ a tree surgeon to do this, but the neighbour doesn't give permission for him to access from his property. The tree surgeon hires a cherry picker to complete the work.

The neighbour has returned asking that I cut branches that have grown over the last 2 years. I have invited him to cut any he wishes, which he refuses.

I have tried to discuss the issue with him but he refuses to engage.

Do I have to cut branches that go over to an adjoining property, or let the neighbour deal with them having given permission?



marshalla

15,902 posts

200 months

Sunday 26th June 2016
quotequote all
Technically, your branches are trespassing.

http://www.gardenlaw.co.uk/trees.html


AndrewEH1

4,917 posts

152 months

Sunday 26th June 2016
quotequote all
It really is your problem to solve I'm afraid.

treehack

997 posts

238 months

Sunday 26th June 2016
quotequote all
Your neighbour has the right to cut back to the boundary regardless of your permission or not subject to TPO restrictions and Conservation Areas. You are not liable to pay for this.
As he seems like a bit of a tit then tell him he cannot have access to your tree or land so it will have to be done from a MEWP thus costing him more.

Retroman

961 posts

132 months

Sunday 26th June 2016
quotequote all
Tell your neighbour if he doesn't like the branches overhanging over his property he is welcome to cut them back to the boundary line if he wishes to from his own land.

4rephill

5,040 posts

177 months

Sunday 26th June 2016
quotequote all
treehack said:
Your neighbour has the right to cut back to the boundary regardless of your permission or not subject to TPO restrictions and Conservation Areas. You are not liable to pay for this.
As he seems like a bit of a tit then tell him he cannot have access to your tree or land so it will have to be done from a MEWP thus costing him more.
The situation you describe is one of the neighbour cutting back the OP's trees where they overhang the boundary, at the neighbours own expense.

What the OP has stated is that the neighbour is demanding the OP cuts his own trees back where they overhang the boundary, at the OP's expense, and will not allow the OP onto his land to carry out the work.

MitchT

15,788 posts

208 months

Sunday 26th June 2016
quotequote all
treehack said:
Your neighbour has the right to cut back to the boundary regardless of your permission or not subject to TPO restrictions and Conservation Areas. You are not liable to pay for this.
This.

I had exactly the same at a previous address from which I'm delighted to have moved on.

dhead neighbour wrote to me (he lived next door FFS!) to read me the riot act about overhanging branches, so I wrote back informing him of his right to trim back the branches to the boundary line at his expense (citing the relevant rules), which he duly did.

treehack

997 posts

238 months

Sunday 26th June 2016
quotequote all
4rephill said:
treehack said:
Your neighbour has the right to cut back to the boundary regardless of your permission or not subject to TPO restrictions and Conservation Areas. You are not liable to pay for this.
As he seems like a bit of a tit then tell him he cannot have access to your tree or land so it will have to be done from a MEWP thus costing him more.
The situation you describe is one of the neighbour cutting back the OP's trees where they overhang the boundary, at the neighbours own expense.

What the OP has stated is that the neighbour is demanding the OP cuts his own trees back where they overhang the boundary, at the OP's expense, and will not allow the OP onto his land to carry out the work.
You seem to have missed the point that the OP doesn't have to do this as it's not his responsibility. Basically he can tell the neighbour to crack on at his own expense but your not to come on my land to do so.

herewego

8,814 posts

212 months

Sunday 26th June 2016
quotequote all
If I was the neighbour I'd be more concerned about the roots.

Nimby

4,572 posts

149 months

Sunday 26th June 2016
quotequote all
Also, the neighbour has to offer you the cut branches, but you don't have to accept them so disposal is his problem.

Brads67

3,199 posts

97 months

Sunday 26th June 2016
quotequote all
Why should he have to deal with your branches.? Your tree, your responsibility. Get them cut.

I`d be more bothered about the claim against your home insewerance when the roots damage his garage floor.

zarjaz1991

3,471 posts

122 months

Sunday 26th June 2016
quotequote all
Why not just cut them anyway, at your own expense, without accessing his land?

Just because he's being a tit, doesn't mean you have to reciprocate. Take the moral high ground, and cut them regularly yourself without him having to ask.

Nimby

4,572 posts

149 months

Sunday 26th June 2016
quotequote all
Brads67 said:
Why should he have to deal with your branches.?
Because that's what the law says.

Glosphil

4,337 posts

233 months

Sunday 26th June 2016
quotequote all
Nimby said:
Because that's what the law says.
The law doesn't stop you being a decent neighbour and pruning that part of your trees that are causing a nuisance to some-one else.

J4CKO

41,284 posts

199 months

Sunday 26th June 2016
quotequote all
So he asked you to cut them, then refused access to your tree surgeon ?

JonV8V

7,175 posts

123 months

Sunday 26th June 2016
quotequote all
Glosphil said:
The law doesn't stop you being a decent neighbour and pruning that part of your trees that are causing a nuisance to some-one else.
And a decent neighbour would give you access to do it. Which he hasn't.

Nimby

4,572 posts

149 months

Sunday 26th June 2016
quotequote all
I have a solution:


ChrisnChris

1,423 posts

221 months

Sunday 26th June 2016
quotequote all
Just as an addition to this situation, the next door property has a Chestnut tree, again right on the boundary. Over the years, 20 or so, we have pollarded the tree every few years,back to it's trunk. Our neighbour was fine with this. They didn't want the tree felled.
This tree is the cause of a great deal of aggravation for me.
It cuts all the light from a patio area and drops a massive amount of leaf in the Autumn, the tanin stains are horrendous.

The girth is about 90-100 ins. and is pushing a fence panel over.
I would say that the trunk is about 4-6ins on our property and only about 10 ft away from the wall of our kitchen.

We have new neighbours as of a couple of months ago. I have spoken to them about the tree with a mind to having it felled.
At first they seemed to be in agreement but they wanted to leave it until they were settled. They have now changed their stance and want the tree to remain.

What is the solution here, can I get the chainsaw out and cut away a 6inch slice from the side of the tree.

Perhaps I should introduce Cryphonectria parasitica....

e600

Original Poster:

1,315 posts

151 months

Monday 27th June 2016
quotequote all
Thanks to all who replied. As the neighbour refused access to my tree surgeon thus costing more money
than really necessary through having to hire a platform lift I think i wll invite him to remove any he wishes, and provide permission to access my land. I will even dispose of the waste.

My neighbour on the other side is a decent chap, who granted me permission to cut 20 of so feet of the top of his very tall beech tree that was preventing some of the back garden receiving sunlight. My tree surgeon identified the tree as being diseased and despite a tpo the council gave permission and we went 50/50 on its removal cost.

I am just a bit pissed off at the other neighbour because of the extra cost of the platform lift due to his intransigence over access.

surveyor_101

5,069 posts

178 months

Monday 27th June 2016
quotequote all
e600 said:
Thanks to all who replied. As the neighbour refused access to my tree surgeon thus costing more money
than really necessary through having to hire a platform lift I think i wll invite him to remove any he wishes, and provide permission to access my land. I will even dispose of the waste.

My neighbour on the other side is a decent chap, who granted me permission to cut 20 of so feet of the top of his very tall beech tree that was preventing some of the back garden receiving sunlight. My tree surgeon identified the tree as being diseased and despite a tpo the council gave permission and we went 50/50 on its removal cost.

I am just a bit pissed off at the other neighbour because of the extra cost of the platform lift due to his intransigence over access.
Dont see why you can't issue an ultimatum, if you want it cut, give me access!

I meant to look into this as currently rent a house with a tree at the bottom of the garden that needs attention. Next door neighbor also rents and has let his rear garden go wild (there was someone looking at it the other day taking photos, so I assume the poo has hit the agents fan). Whilst this annoys us it also means he isn't moaning about the branches hanging 5 foot of the floor of his bottom garden. I have cut back what I could reach from a 'A' frame ladder but it needs a tree surgeon.


Edited by surveyor_101 on Monday 27th June 13:46