Tree branches growing across garden boudaries

[Matt UK]

Quick question..

Our garden has quite a few mature trees which I like. My neighbour has let me know that the branches of one of our trees are getting big and as such would like me to arrange a tree surgeon to go round and trim them back.

Is this his responsibilty or is it mine?

[richyb]

He can cut back to his boundary but you have no responsibility to do it for him. I assume these trees do not have tree protection orders.

[Shaolin]

If you want the job done properly I suggest you do it yourself (or arrange for it to be done), otherwise he can cut back to the boundary and make a right pigs-ear of it, splitting the wood and stripping the bark as the branch falls.

[Romanymagic]

My neighbour has a huge and rather lovely pine tree, which nautrally has branches crossing into our garden, I occasionally trim the lower level branches back via a saw and a step ladder, but have no issues over it and if I wanted to get the higher branches would arrange someone to come in myself and me to pay myself.

[richyb]

You be able to claim back for any damage to the tree on your side. Replacement of a mature tree can be very expensives so I would make him very aware of this. The fact he is asking for a tree surgeon I would assume its at height. You do not have to let anyone work from your property so I would mention that to him and tell him to get a quote for work carried out from a cherry picker from his property. I'd imagine he'll shut up fairly sharpish when he realises the costs involved.

[PPPPPP]

richyb said:

... You do not have to let anyone work from your property so I would mention that to him and tell him to get a quote for work carried out from a cherry picker from his property. I'd imagine he'll shut up fairly sharpish when he realises the costs involved.

I was under the impression that the neighbour could have it cut and cuttings disposed of (having offered them to you) and look to you for recompense.

[Quick silver]

PPPPPP said:

richyb said:

... You do not have to let anyone work from your property so I would mention that to him and tell him to get a quote for work carried out from a cherry picker from his property. I'd imagine he'll shut up fairly sharpish when he realises the costs involved.

I was under the impression that the neighbour could have it cut and cuttings disposed of (having offered them to you) and look to you for recompense.

Nope - the neighbour can cut overhanging branches (as stated before) & place them in the garden from where the tree originated.

[Simpo Two]

Quick silver said:

Nope - the neighbour can cut overhanging branches (as stated before) & place them in the garden from where the tree originated.

Yep - because the branches are your property.

A while ago a neighbour asked me if I could cut back some of my trees as they were 'blocking their light' (my thought was that maybe they shouldn't have bought a north-facing garden!). I said that they were welcome to remove any parts that hung over their side as long as they disposed of them.



Moral: Stupid people who try to negotiate with me may find themselves worse off than when they started

[x type]

as an example ...

http://www.hinckley-bosworth.gov.uk/pp/gold/viewGo...

depends really on how you get on with the neighbours if you want to keep things sweet do it yourself

I took down overhanging branches in my garden , the house that owned them was empty at the time ,couldn't find the owners . A few months later the tree blew down in a storm and took my fence with it I cleared it away and had a wall built instead

when the owner reappeared he went to a solicitor and tried to claim £2000 off me

Photos of his very overgrown garden and my wrecked fence cost me £30 in the end

[Simpo Two]

x type said:

depends really on how you get on with the neighbours if you want to keep things sweet do it yourself

In this case she was an old lady who constantly claimed how poor she was and how she couldn't do anything, and 'could I just...' except that she had bought a brand new car and had a perfectly fit son to do any odd jobs. She even asked me to go round and cut down her Leylandii. Nope. Some people in life just take, and I don't care for them. She moved away shortly afterwards.

[richyb]

In my line of work I deal with this daily and hear some really stupid requests. My favourites are 'leaves keep falling in my garden so I want that tree cut down'. Great, lets cut down all trees that drop their leaves, job done. 'That tree is blocking my light'. Hmmmm, that tree is 250 years old so unless you've lived here for atleast 230 years I'm going to do nothing about it.

People are happy to just hack away at trees and bushes when it suits then with no realisation that many are hundreds of years old and will take that to replace. My personal view is more trees and hedge rows should have TPO's and the fines for breaking them should be very substancial.

[GreenV8S]

richyb said:

My personal view is more trees and hedge rows should have TPO's and the fines for breaking them should be very substancial.

You're entitled to your view, but if you expect everyone in the country to put trees' best interests ahead of their own I think you're going to be disappointed.

[tr7v8]

[quote=richyb]My personal view is more trees and hedge rows should have TPO's and the fines for breaking them should be very substancial.

[/quote
Interesting view, I've a bloody great leylandi behind me around a third of which overlaps my garden & the roots are probably well under my garage foundations. Want to put a TPO on it? I'd prefer it cut down but the dozy owner isn't that bright! He'll get a shock if it damages my foundations though

[Gnits]

Pretty much as already stated:
They can cut off branches up to their boundary as stated but that will leave large snags and if they do the job probably tears too. If this damages or kills the tree they are responsible. I don't believe they have to offer the branches back to you but they can't dump them over the fence either- I am pretty sure that only applies to fruit falling in their garden (not 100% on that though).
I think the right to light applies only if the person has resided in the property for the previous 20 years (again not 100% on that)
Best bet is to get them to pay for someone to do the job properly, you don't need a big gash in your tree

Face it, there is no excuse for any leylandii - bloody awful to have and bloody awful to work on, I'm still washing the crap out of my gear from the last one I worked on

[treehack]

Love these threads, so much bullst advice is given.
Yes they can cut back to their boundary and no further (without permission)even if it has a TPO on it but they will need to apply to the local authority who may or may not give permission to prune.
They can't just throw the debris over the fence, they have to ask if you want it, if not then it is up to them to dipose of it.
You can refuse permission to allow access to the tree so it would then need to be done from a mewp.
But why be arsey and fall out with a nieghbour, go have a chat, see what the problem is and try to come to an amicable agrement

[Matt UK]

I thought this was the case - thanks for all the advice, it's much appreciated.

My neighbour is a nice fella and there's no hint of things getting difficult or legal between us. Just that I got the impression that he thought I would be 'sorting' 'my tree'. I'll just let him know that so long as he does things in the proper way and does not endanger the health of the tree, he can do what he likes up to his boundary.

Cheers,
Matt

[richyb]

GreenV8S said:

richyb said:

My personal view is more trees and hedge rows should have TPO's and the fines for breaking them should be very substancial.

You're entitled to your view, but if you expect everyone in the country to put trees' best interests ahead of their own I think you're going to be disappointed.

I generally am but would stick to my guns and say that mature native trees should be actively protected. Cutting down a 300 year old oak because it drops leaves in your garden seems excessive. All trees can be effectively controlled by proper management whether thats pollarding or pruned on a 3 yearly cycle.

tr7v8 said:

richyb said:

My personal view is more trees and hedge rows should have TPO's and the fines for breaking them should be very substancial.

Interesting view, I've a bloody great leylandi behind me around a third of which overlaps my garden & the roots are probably well under my garage foundations. Want to put a TPO on it? I'd prefer it cut down but the dozy owner isn't that bright! He'll get a shock if it damages my foundations though

Leylandii are hybrids of non native species and as such I wouldn't expect a TPO to be added. I would ask, as in my previous post, what was there first, your garage or the tree? I encounter so many people who build properties etc next to parks or open spaces then complain the trees drop leaves in their gardens and want them removed. To me this seems pretty unreasonable.

I'm not saying all trees should be protected. I spend a lot of my time taking out big sycamores that people have left until they have become unsafe. I am just saying complete removal isn't always necessary and its a shame to remove something that would take a hundred years to put back.

[Wings]

An old country gent once said to me “trees are hard work”, now some 20 years/winters later I not only know exactly what he meant, but also add that they can be costly in terms of maintenance costs. Whilst in some situations planning permission is required for felling or cutting back trees, so full planning permission should be required for planting trees in residential areas.

All too often people plant trees near to either the highway, their neighbour’s boundaries, or near to their own or their neighbour’s property, without any thought of the full potential growth of the tree, the loss of light and the potential damage to their home the tree roots might do.

[TooLateForAName]

Matt UK said:

Quick question..

Our garden has quite a few mature trees which I like. My neighbour has let me know that the branches of one of our trees are getting big and as such would like me to arrange a tree surgeon to go round and trim them back.

Is this his responsibilty or is it mine?

...

Just that I got the impression that he thought I would be 'sorting' 'my tree'. I'll just let him know that so long as he does things in the proper way and does not endanger the health of the tree, he can do what he likes up to his boundary.

Well, from a legal point of view you can just tell him to deal with branches that overhang his garden.
Morally though, it is your tree and it is intruding on his garden. Why would you not deal with it?

You say that they are mature trees and you like them. In which case it must be better to have someone who knows what they are doing tidy it up rather than have someone hack at the branches.

From what you say it isn't clear that the neighbour wants rid of all overhanging branches, just that some are large. That implies to me that your neighbour is simply concerned about a couple of large heavy branches over his garden.

I know that everyone likes to avoid any responsibility these days but it sounds like a reasonable man next door is asking for you to look after your tree. I don't understand why you would want to avoid doing this. In fact refusing to do so makes you look a bit of a dick imo.

Get a tree surgeon in and the three of you discuss what is needed and sort it.

[Wacky Racer]

A neighbour friend of mine in Malta had trouble with his next door neighbours trees dropping leaves into his outdoor swimming pool of his villa, this went on for about ten years,..he was spending about 40 mins a DAY clearing and skimming his pool of dead leaves....he had words.....the guy couldn't care less, despite never ever venturing down to the bottom of his long garden....

By this time my friend had had enough, so he cut diagonal slots in the bottom of the tree and every day fed in copious amounts of salt secretly...After six months the trees died off, and the guy that owned them couldn't understand it.... and was non the wiser......