Overhanging branches.
Discussion
All, what's the legal situation regarding my tree/shrub branches overhanging my neighbour's garden in terms of the following:
I know that they *can* legally trim them in line with their boundary, and that they *have* to dispose of the cuttings, but if they don't want to do that, am I obliged to pay for these branches to be cut in line and disposed of? I'm assuming not, and for now I'm happy to go over and cut them myself, and dispose of the waste (in the interests of being a good neighbour). I just wondered what the legal situation would be if I could no longer do it myself? Would I be within my rights to say "it's now up to you to deal with everything on your side of the fence at your expense"?
I can't find much relating to who is responsible for overhanging branches online, only that the neighbour is allowed to cut them, and must not throw the waste over the fence since that's classed as fly tipping, and any fruit that's over there must be offered back to me (or something like that).
Thanks.
I know that they *can* legally trim them in line with their boundary, and that they *have* to dispose of the cuttings, but if they don't want to do that, am I obliged to pay for these branches to be cut in line and disposed of? I'm assuming not, and for now I'm happy to go over and cut them myself, and dispose of the waste (in the interests of being a good neighbour). I just wondered what the legal situation would be if I could no longer do it myself? Would I be within my rights to say "it's now up to you to deal with everything on your side of the fence at your expense"?
I can't find much relating to who is responsible for overhanging branches online, only that the neighbour is allowed to cut them, and must not throw the waste over the fence since that's classed as fly tipping, and any fruit that's over there must be offered back to me (or something like that).
Thanks.
I believe that if it's your branches overhanging into the neighbours garden, they can if they wish cut them at the boundary but have to offer the cuttings back to you, or they could throw them back over onto your garden for you to deal with.
If its the neighbours branches overhanging into your garden, same applies to you.
Or are you asking about if both parties don't want to cut them?
If its the neighbours branches overhanging into your garden, same applies to you.
Or are you asking about if both parties don't want to cut them?
RacingStripes said:
Ignore the moral police above.
You are under no obligation to cut the tree on their side.
Just like I dont go to my 5 neighbors and get them all round to cut their hedges and trees that are hanging in my garden.
I'd be lopping your plants at fence height then, returning the detritus over the fence to you and problem solved, unlikely to be pretty but thats your issue.You are under no obligation to cut the tree on their side.
Just like I dont go to my 5 neighbors and get them all round to cut their hedges and trees that are hanging in my garden.
Neighbour A is entitled to cut Neighbour B's foliage that is crossing into A's property. Up to the border only, not beyond.
A must offer B the cuttings but if B does not wish them it is A's responsibility to dispose. They cannot simply dump the cuttings on B's property.
There is no obligation for B to contribute financially; if A wishes to cut back it is their financial outlay.
A must offer B the cuttings but if B does not wish them it is A's responsibility to dispose. They cannot simply dump the cuttings on B's property.
There is no obligation for B to contribute financially; if A wishes to cut back it is their financial outlay.
- Previous experience of this; resulted in physical confrontation then police matter due to same.
Derry Rhumba said:
Neighbour A is entitled to cut Neighbour B's foliage that is crossing into A's property. Up to the border only, not beyond.
A must offer B the cuttings but if B does not wish them it is A's responsibility to dispose. They cannot simply dump the cuttings on B's property.
There is no obligation for B to contribute financially; if A wishes to cut back it is their financial outlay.
A must offer B the cuttings but if B does not wish them it is A's responsibility to dispose. They cannot simply dump the cuttings on B's property.
There is no obligation for B to contribute financially; if A wishes to cut back it is their financial outlay.
- Previous experience of this; resulted in physical confrontation then police matter due to same.
My neighbour is called John Cee.
Derry Rhumba said:
Neighbour A is entitled to cut Neighbour B's foliage that is crossing into A's property. Up to the border only, not beyond.
A must offer B the cuttings but if B does not wish them it is A's responsibility to dispose. They cannot simply dump the cuttings on B's property.
There is no obligation for B to contribute financially; if A wishes to cut back it is their financial outlay.
Were you A or B?A must offer B the cuttings but if B does not wish them it is A's responsibility to dispose. They cannot simply dump the cuttings on B's property.
There is no obligation for B to contribute financially; if A wishes to cut back it is their financial outlay.
- Previous experience of this; resulted in physical confrontation then police matter due to same.
dibblecorse said:
I'd be lopping your plants at fence height then, returning the detritus over the fence to you and problem solved, unlikely to be pretty but thats your issue.
Then you would be done for dumping your rubbish.And you wouldn't be lopping it at fence height if the bush/tree wasn't in your garden. Nice try though.
xx99xx said:
Were you A or B?
I was B.A asked me to trim some trees that bordered our properties; I had cone this several times before off my own bat as I thought it was a considerate thing to do. On this occaision it was too close to a holiday we were taking so I said I would do it when i got back.
Returned home from a week in Spain to find my trees decimated, cut so far beyond the boundary line he must have physically been in my garden to do it. Mountain of cuttings dumped on other flowers/shubs, ruining them.
He didn't like my response; he phoned the police, but no action taken.
Never spoke to each other again, he sold up and moved about 8 months later.
s
tehouse.Edited by Derry Rhumba on Sunday 20th September 20:59
Former Arborist, i had many many jobs like this.
Generally the the owner of the house or garden that the trees were over hanging, paid to have the work done. We chipped up the cuttings & that was it. Very rarely did the owner of the trees pay for the work. Their attitude was " Go ahead, if you are paying for it"
Often the owner of the trees or hedge had no idea that the work was going ahead, out at work etc. But i did try to get the neighbour to tell them what was going to happen.
Generally the the owner of the house or garden that the trees were over hanging, paid to have the work done. We chipped up the cuttings & that was it. Very rarely did the owner of the trees pay for the work. Their attitude was " Go ahead, if you are paying for it"
Often the owner of the trees or hedge had no idea that the work was going ahead, out at work etc. But i did try to get the neighbour to tell them what was going to happen.
Thanks all.
Some on here seem to be advocating my neighbours fly tip the cuttings of my overgrowth back onto my property. That's stupid advice, because it's illegal - whether they think it's morally correct or not.
That's not the real question though - it's who pays for the cutting and disposal? I'm 99% sure it's not up to me to pay for either process.
At the moment I've go no issue with going round and cutting back, and dealing with the cuttings myself.
There is one neighbour though who I suspect thinks it's my duty to arrange and pay for the trimming and removal of the waste on their side of the boundary fence - if fact they pretty much said as much. I thought it would be easier to swallow it and get it done myself - which I've now done a couple of times. Last time I was about to point out that I'm doing it purely to be neighbourly, and that I had no obligation to do it. I stopped short of bringing it up though - especially without having proof of the law in writing.
IIRC the local council had a page on this stuff, but it didn't actually state who was responsible for paying for the trimming and disposal. It would be good to have a reference...just in case I get ouf of bed the wrong side on the day they tell me to do it again.
I realise that not escalating neighbour issues is by far the best policy...but it's sometimes a fine line between someone asking politely, and demanding I do something I'm not legally obliged to do. I think a friendly reality check wouldn't do any harm next time it happens - so long I've got proof I'm correct.
Some on here seem to be advocating my neighbours fly tip the cuttings of my overgrowth back onto my property. That's stupid advice, because it's illegal - whether they think it's morally correct or not.
That's not the real question though - it's who pays for the cutting and disposal? I'm 99% sure it's not up to me to pay for either process.
At the moment I've go no issue with going round and cutting back, and dealing with the cuttings myself.
There is one neighbour though who I suspect thinks it's my duty to arrange and pay for the trimming and removal of the waste on their side of the boundary fence - if fact they pretty much said as much. I thought it would be easier to swallow it and get it done myself - which I've now done a couple of times. Last time I was about to point out that I'm doing it purely to be neighbourly, and that I had no obligation to do it. I stopped short of bringing it up though - especially without having proof of the law in writing.
IIRC the local council had a page on this stuff, but it didn't actually state who was responsible for paying for the trimming and disposal. It would be good to have a reference...just in case I get ouf of bed the wrong side on the day they tell me to do it again.
I realise that not escalating neighbour issues is by far the best policy...but it's sometimes a fine line between someone asking politely, and demanding I do something I'm not legally obliged to do. I think a friendly reality check wouldn't do any harm next time it happens - so long I've got proof I'm correct.
dibblecorse said:
RacingStripes said:
Ignore the moral police above.
You are under no obligation to cut the tree on their side.
Just like I dont go to my 5 neighbors and get them all round to cut their hedges and trees that are hanging in my garden.
I'd be lopping your plants at fence height then, returning the detritus over the fence to you and problem solved, unlikely to be pretty but thats your issue.You are under no obligation to cut the tree on their side.
Just like I dont go to my 5 neighbors and get them all round to cut their hedges and trees that are hanging in my garden.
Great advice.
dr_gn said:
dibblecorse said:
RacingStripes said:
Ignore the moral police above.
You are under no obligation to cut the tree on their side.
Just like I dont go to my 5 neighbors and get them all round to cut their hedges and trees that are hanging in my garden.
I'd be lopping your plants at fence height then, returning the detritus over the fence to you and problem solved, unlikely to be pretty but thats your issue.You are under no obligation to cut the tree on their side.
Just like I dont go to my 5 neighbors and get them all round to cut their hedges and trees that are hanging in my garden.
Great advice.
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