Trees and the Law
Discussion
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?
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?
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.
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.
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.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.
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.
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.
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.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.
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.
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....
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....
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.
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.
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! 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.
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
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