Neighbour`s trees overhang
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Discussion

Old Merc

Original Poster:

3,810 posts

196 months

Friday 22nd May 2020
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Can you gardening legal eagles please advise me on this one.

This is a photo of the bottom of my garden. You can just see a spade that is leaning on what should be the fence. All the trees and bushes are the neighbour`s, parts of which overhangs by over eight feet into my garden. We have spoken to the neighbour, he is just not interested, not a very nice person, a right misery guts. He wants it as thick as possible to blot out the view of my house.

What are my rights? Can I employ someone to cut all HIS stuff that overhangs into my garden. Do I have to give all the debris back to him. Could he be liable for the cost of all this. If after doing all this and he can see into my house could I be liable for anything.



As for this monstrosity, its also his. I suppose there is nothing I can do about it, just live with it.

V1nce Fox

5,508 posts

97 months

Friday 22nd May 2020
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I'd be really happy to have a border as private as that from another house.

Personally, I'd make sure it doesn't overhang into your garden anywhere below about 8 feet tall and leave it as is.

Mammasaid

5,572 posts

126 months

Friday 22nd May 2020
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Old Merc said:
What are my rights? Can I employ someone to cut all HIS stuff that overhangs into my garden.
Yes

Old Merc said:
Do I have to give all the debris back to him.
Yes

Old Merc said:
Could he be liable for the cost of all this.
No

Old Merc said:
If after doing all this and he can see into my house could I be liable for anything.
No

IANAL

fatboy b

9,665 posts

245 months

Friday 22nd May 2020
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Whilst you are within your rights to remove overhangs, what will look better? As it is or a mutilated tree?

moonigan

2,209 posts

270 months

Friday 22nd May 2020
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My neighbour takes great pride in chopping down branches that overhang into his garden and then lobbing them over the fence even though I pay someone every year to come and prune the trees but he is impatient and refuses to wait. I return the favour by waiting until he has a few windows open and then have a little fire in the wood burner.

You are well within your rights to do the same. In your postion I'd be tempted to let them know what you plan to do, be civilised and say the you are getting someone in to prune them right back and was wondering if he needed anything doing at the same time.

P

Bill

58,641 posts

284 months

Friday 22nd May 2020
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Mammasaid said:
Old Merc said:
Do I have to give all the debris back to him.
Yes
AIUI you have to offer them back, but he doesn't have to take them.

Personally I like it, and cutting it back might end up looking worse with no greenery.

ETA have you asked about this before? I'm sure I recognise the pictures.

Edited by Bill on Friday 22 May 16:31

Camelot1971

2,851 posts

195 months

Friday 22nd May 2020
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Questionable on who is the actual misery guts.

Boosted LS1

21,200 posts

289 months

Friday 22nd May 2020
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Wow that's really mature lovely and must be home for all sorts of wildlife. I have huge limes behind my house and it's a privilege to watch them change with the seasons.

OP why not prune back a tree at a time but over a period of time. Then the end result won't be catastrophic. You've actually got a cracking view.

Sheepshanks

40,992 posts

148 months

Friday 22nd May 2020
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moonigan said:
My neighbour takes great pride in chopping down branches that overhang into his garden...
The neighbour to one side of us does this - from his garden the trees all around him look like laboratory slices of trees!

DoubleD

22,154 posts

137 months

Friday 22nd May 2020
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I like the look of it as is to be honest.

slow_poke

1,855 posts

263 months

Friday 22nd May 2020
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You've got the right to trim/prune any overhang, to the boundary of your property. Remember to offer to return the trimmings or dispose of responsibily yourself.

But that doesn't deal with the height of things.

That looks like it qualifies as a hedge, so check out the High Hedge Law about getting it chopped down in size.

Looking to ps off your neighbor, are you?

Old Merc

Original Poster:

3,810 posts

196 months

Friday 22nd May 2020
quotequote all
Bill said:
Mammasaid said:
Old Merc said:
Do I have to give all the debris back to him.
Yes
AIUI you have to offer them back, but he doesn't have to take them.

Personally I like it, and cutting it back might end up looking worse with no greenery.

ETA have you asked about this before? I'm sure I recognise the pictures.

Edited by Bill on Friday 22 May 16:31
Yes, it's just ongoing. And it's growing bigger.

Old Merc

Original Poster:

3,810 posts

196 months

Friday 22nd May 2020
quotequote all
Camelot1971 said:
Questionable on who is the actual misery guts.
Who me? Na, blame my wife, she is the Gardner.

DoubleD

22,154 posts

137 months

Friday 22nd May 2020
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Have you got a picture from further back?

Old Merc

Original Poster:

3,810 posts

196 months

Friday 22nd May 2020
quotequote all
Thanks for the replies guys. I have mixed feelings about this. We must do some cutting back, trouble is how much. If we do nothing it won't be long before some of it will be dangling on our lawn.
It's just a shame that this naighbour is just a st and refuses to cooperate. The naighbours either side of us are lovely people, they also share this problem with us.

Greendubber

15,265 posts

232 months

Friday 22nd May 2020
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I'd be tempted to just try and tidy it up a bit rather than scalp it.

We have a miserable old bag at the back and to the side of us who's garden is chest high weeds. I'm forever running my hedge trimmer across the top of the fence in an attempt to fend off her brambles and it drives me mad. She has a laurel hedge too that is almost touching our house over the side entry thats got a date with my pole pruner. I did it a few years ago, the branches I deposited back over her fence are still there in her horders paradise garden. Shes getting some more soon.

anonymous-user

83 months

Friday 22nd May 2020
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Old Merc said:
Thanks for the replies guys. I have mixed feelings about this. We must do some cutting back, trouble is how much. If we do nothing it won't be long before some of it will be dangling on our lawn.
It's just a shame that this naighbour is just a st and refuses to cooperate. The naighbours either side of us are lovely people, they also share this problem with us.
Surely it’s better for you to cut what makes sense to you rather than him cut on his side and you lose all your privacy?

MiseryStreak

2,929 posts

236 months

Friday 22nd May 2020
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Old Merc said:
It's just a shame that this naighbour is just a st and refuses to cooperate. The naighbours either side of us are lovely people, they also share this problem with us.


Just hack them back. When he pops his head over to complain just ask him ‘Hay, why the long face?’


FazerBoy

1,001 posts

179 months

Friday 22nd May 2020
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V1nce Fox said:
I'd be really happy to have a border as private as that from another house.

Personally, I'd make sure it doesn't overhang into your garden anywhere below about 8 feet tall and leave it as is.
I agree with this.

rich888

2,610 posts

228 months

Friday 22nd May 2020
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Does this thread have any connection with the other thread running on PH entitled 'Topless sunbathing, neighbours son hot under the collar' biggrin