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jamesuk28

Original Poster:

2,176 posts

138 months

[news] 
Wednesday 19th November 2008 quote quote all
Simple really, My neighbour pruned back several of my trees without permission, we are not talking a bit of clipping, these are 60 foot trees and whole branches have been removed.

What is the law regarding cutting somebody elses trees back even if they hang over the boundary line? Do they need permission or not?

If they had asked the answer may have been OK no probs, even though they did not ask I am not going to make a big deal about it, at the end of they day its only a few trees.

But the major problem I have here is all the trees in question had TPO's on them, surely they should not be touched without the proper consent.

A tree doctor carried out the work FYI

staceyb

7,091 posts

109 months

[news] 
Wednesday 19th November 2008 quote quote all
Iirc they can cut back to their boundary line. Not sure what the deal is with trees with orders on though

King Herald

19,556 posts

101 months

[news] 
Wednesday 19th November 2008 quote quote all
If I had someones 60 foot trees leaning over my fence I'd probably trim them. In fact I DO trim them, to clear my garage roof.
biggrin


esselte

14,626 posts

152 months

[news] 
Wednesday 19th November 2008 quote quote all
jamesuk28 said:
Simple really, My neighbour pruned back several of my trees without permission, we are not talking a bit of clipping, these are 60 foot trees and whole branches have been removed.

What is the law regarding cutting somebody elses trees back even if they hang over the boundary line? Do they need permission or not?

If they had asked the answer may have been OK no probs, even though they did not ask I am not going to make a big deal about it, at the end of they day its only a few trees.

But the major problem I have here is all the trees in question had TPO's on them, surely they should not be touched without the proper consent.

A tree doctor carried out the work FYI
From Gardenlaw.co.uk...

"...Over Hanging Branches
Branches that grow so as to overhang your neighbours' land are trespassing on his air space. The neighbour can chop the branches back to the boundary but he has to return the lopped branches to the owner of the tree together with any fruit that might have been on them. If he lops beyond his boundary then it is a trespass. It is always best to ask your neighbour first although you do not need his permission to lop overhanging branches so long as they are returned. .."

Not sure how this is affected by a TPO though...


selwonk

1,706 posts

110 months

[news] 
Wednesday 19th November 2008 quote quote all
If there is a TPO they *must* seek consent first...

ETA ...from the council

Edited by selwonk on Wednesday 19th November 21:54

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wainy

724 posts

128 months

[news] 
Wednesday 19th November 2008 quote quote all
esselte said:
From Gardenlaw.co.uk...

"...Over Hanging Branches
Branches that grow so as to overhang your neighbours' land are trespassing on his air space. The neighbour can chop the branches back to the boundary but he has to return the lopped branches to the owner of the tree together with any fruit that might have been on them. If he lops beyond his boundary then it is a trespass. It is always best to ask your neighbour first although you do not need his permission to lop overhanging branches so long as they are returned. .."

Not sure how this is affected by a TPO though...
Is this the same for hedges as I would love to return the clippings from the next doors hedge which I have to get rid of?

GingerWizard

4,691 posts

83 months

[news] 
Wednesday 19th November 2008 quote quote all
if your trees where over hanging his land, he has the right to cut them back to the boundary by what ever means he deems appropriate. He has to by law offer the cuttings back to you though as it is your property. If you decline it then he is responsible for disposing of it. I am not sure how this effects trees with TPOs on. I take it we ar talking llandi?

GingerWizard

I was involved in tree surgery for a while.....



tooooooo ssssslllllooooowwww.....

Edited by GingerWizard on Wednesday 19th November 21:58

jamesuk28

Original Poster:

2,176 posts

138 months

[news] 
Wednesday 19th November 2008 quote quote all
Well the branches have been cut up and taken away by the tree doctor, shame I could have done with those for my fire.

At the end of the day I am not one to cause a big deal about this, but I dont want the tossers at the local council jumping up and down on me because of the TPO's

jeff666

1,241 posts

76 months

[news] 
Wednesday 19th November 2008 quote quote all
We have an oak in front of our place it has a tpo on it,i rang the council (there tree) and was told not to touch any branches that overhung my property or i would be in bother so they came out and trimmed it instead, the tree surgeon should know the rules its his job.

Sheriff JWPepper

3,851 posts

89 months

[news] 
Wednesday 19th November 2008 quote quote all
jamesuk28 said:
Simple really, My neighbour pruned back several of my trees without permission, we are not talking a bit of clipping, these are 60 foot trees and whole branches have been removed.


I guess you grew them over his fence without permission.

jamesuk28

Original Poster:

2,176 posts

138 months

[news] 
Wednesday 19th November 2008 quote quote all
GingerWizard said:
if your trees where over hanging his land, he has the right to cut them back to the boundary by what ever means he deems appropriate. He has to by law offer the cuttings back to you though as it is your property. If you decline it then he is responsible for disposing of it. I am not sure how this effects trees with TPOs on. I take it we ar talking llandi?

GingerWizard

I was involved in tree surgery for a while.....



tooooooo ssssslllllooooowwww.....

Edited by GingerWizard on Wednesday 19th November 21:58
No, not "llandi", a mix of mainly Oak and Walnut

condor

6,621 posts

133 months

[news] 
Wednesday 19th November 2008 quote quote all
Anything overhanging the boundary can be chopped off....but then they're supposed to give you back the cuttings.

I've lived in the same house for many years and the, frequently changing, next door neighbours' trees have always caused problems. I get fed up having to clear ( from my boundary) both neighbours's sides of weeds, overhanging branches etc.


From the (probably been there for ages) annoyed neighbour's point of view....Why didn't you notice your trees were causing a significant hazard....and were massively overhanging the boundary.? Have 20,000 odd leaves just been deposited in your neighbours' back yard...all coming from your trees.?

Try to look at the problem from their point of view, and see if you're the cause .
HTH biggrin



jamesuk28

Original Poster:

2,176 posts

138 months

[news] 
Wednesday 19th November 2008 quote quote all
Sheriff JWPepper said:
jamesuk28 said:
Simple really, My neighbour pruned back several of my trees without permission, we are not talking a bit of clipping, these are 60 foot trees and whole branches have been removed.


I guess you grew them over his fence without permission.
Not the point read my original post, here is a clue TPO

selwonk

1,706 posts

110 months

[news] 
Wednesday 19th November 2008 quote quote all
We checked with the council and could not cut back the overhanging branches from a tree just outside our boundary due to a TPO. It's entirely feasible that due to the TPO you can not trim back your *own* tree without permission

jamesuk28

Original Poster:

2,176 posts

138 months

[news] 
Wednesday 19th November 2008 quote quote all
selwonk said:
We checked with the council and could not cut back the overhanging branches from a tree just outside our boundary due to a TPO. It's entirely feasible that due to the TPO you can not trim back your *own* tree without permission
Thank you for that. That is my point, I dont really care if the trees were cut back (would have been nice to mention it first though) Its the TPO issue that is of concern. At the end of the day I am not going to want a fine from the fking Council, so do I drop the tree doctor in the st or not.

Sheriff JWPepper

3,851 posts

89 months

[news] 
Wednesday 19th November 2008 quote quote all
jamesuk28 said:
Sheriff JWPepper said:
jamesuk28 said:
Simple really, My neighbour pruned back several of my trees without permission, we are not talking a bit of clipping, these are 60 foot trees and whole branches have been removed.


I guess you grew them over his fence without permission.
Not the point read my original post, here is a clue TPO
I doubt a TPO means a tree must be allowed to grow unchecked.

ETA They may well have obtained permission.

Edited by Sheriff JWPepper on Wednesday 19th November 22:13

selwonk

1,706 posts

110 months

[news] 
Wednesday 19th November 2008 quote quote all
We are talking council officialdom though rolleyes

jamesuk28

Original Poster:

2,176 posts

138 months

[news] 
Wednesday 19th November 2008 quote quote all
Sheriff JWPepper said:
jamesuk28 said:
Sheriff JWPepper said:
jamesuk28 said:
Simple really, My neighbour pruned back several of my trees without permission, we are not talking a bit of clipping, these are 60 foot trees and whole branches have been removed.


I guess you grew them over his fence without permission.
Not the point read my original post, here is a clue TPO
I doubt a TPO means a tree must be allowed to grow unchecked.
Granted, but I bet in the small print it states permission must be obtained before touching it, or face an eleventy million pound fine.

treehack

798 posts

124 months

[news] 
Wednesday 19th November 2008 quote quote all
They are allowed to cut back to boundary line by law BUT if the tree has a TPO on it the they do need to apply for permission from the local authority to carry out the work.Fine of upto £20k in the worst cases!!!!
As for the nieghbour, depends how/if you get along with them.If your really pissed off with them then give then talk to the tree officer.Doubt it was a bonefied tree surgeon that carried out the work as he would know the score on these matters

Romanymagic

3,298 posts

104 months

[news] 
Wednesday 19th November 2008 quote quote all
So, I suppose pulling down said tree would not go down to well given the tree preservation order (TPO my arse).

Just a thought, since pruning said tree is creating a problem, remove the tree, remove the problem. My next door neigbour has a 55ft pine tree which is starting to become a severe problem - I regularly go out to the shed and eye my sawn off chain saw with relish... smile
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