Climbing Neighbour's Tree

[Mike1234]

Hello All

 

There is a "big" bushy Leylandi around 10-15M tall on our boundary but just on the side of the neighbour. We're not on terrible terms but not a great terms either and have already been told that should we wish to cut the branches that extend over our garden we will not have permission to enter the tree.

 

So my main question is if my tree surgeon enters the tree from my garden but then during the process of climbing it and cutting branches that extend on to my side moves "1mm" over their side of the property, we could be sued for trespass?

 

And if the tree surgeon carries gazzilions of pounds of insurance, does any of it give us reassurance we won't end up with a great big battle in the courts if the neighbour decides she wants to battle with us (for the hell of it) ?

 

Thanks a lot in advance for any advice.

[Jwoodgardenmaintenance]

I’d maybe try not go into the tree sounds like a headache waiting is there no access for a MEWP to get close to them? Be a lot less hassle for you and the tree surgeon 

 

Jack

13 minutes ago, Mike1234 said:

Hello All

 

There is a "big" bushy Leylandi around 10-15M tall on our boundary but just on the side of the neighbour. We're not on terrible terms but not a great terms either and have already been told that should we wish to cut the branches that extend over our garden we will not have permission to enter the tree.

 

So my main question is if my tree surgeon enters the tree from my garden but then during the process of climbing it and cutting branches that extend on to my side moves "1mm" over their side of the property, we could be sued for trespass?

 

And if the tree surgeon carries gazzilions of pounds of insurance, does any of it give us reassurance we won't end up with a great big battle in the courts if the neighbour decides she wants to battle with us (for the hell of it) ?

 

Thanks a lot in advance for any advice.

 

[Mesterh]

21 minutes ago, Mike1234 said:

we will not have permission to enter the tree

By the sounds of things make sure the tree surgeon works so that it isn't a possibly. Not easy but maybe don't try to cut it right up to the border to save any hassle. 

Good luck, I wouldn't want to be involved with a job like that. 

 

No clue on the insurance side of things. 

[Mike1234]

Thanks a lot for your replies. I've just seen this but as clear as mud whether entering a tree constitutes "going into the neighbour's garden/land". Getting the MEWP might be what we have to do but will surely add at least £500 to the bill?

 

www.rhs.org.uk/plants/types/trees/the-law

 

Can I cut off overhanging branches?
Yes, provided it is done without trespassing onto the other person’s property. It is also permissible to climb into the tree to undertake the work, again so long as it does not require going into the neighbour’s garden/land. Note that trees covered by a Tree Preservation Order (TPO) or in a Conservation Area will require prior consent from the local authority.

 

 

 

[dumper]

Yes you can climb the tree but not over the neighbouring land only over the clients side

[benedmonds]

In reality it is very unlikely that your tree surgeon will be able to climb a tree in a neighbours garden without crossing the boundary line.  You could get a MEWP or do it when they are out.  Trespass to land is not a criminal act and  as long as the cuts are not over the boundary and you offer the arrisings to your neighbour, I don't see what they could sue you for? Pretty sure you could not be sued for trespass as your neighbour has not suffered a loss..  If you left the waste you could be done for fly tipping. 

 

[doobin]

A big bushy 10/15m leylandii? So that's 10m as it's a homeowner height estimate 🤣 'Reduced' on one side? It's going to look shit whatever you do, I'd get a gardener or fresh out of college tree surgeon to do it with a decent A-frame ladder and extension plus a polesaw. No need for MEWPS.

Edited May 30, 2022 by doobin

[rapalaman]

16ft tripod ladder, polesaw, hedgetrimmer head, long silky and or fiskars up86 to finish off. Can easily reach 35ft with no risk of trespass.

not ideal but means no climbing in the tree

[rapalaman]

Photos will help

[Con]

It seems, what is already ' not a great relationship with the neighbour ' could turn into a nightmare, very easily.

leylandii must be in the 'top 3' for neighbour disputes. Whatever you decide,  I'd inform your neighbour of your intentions. One thing that would get his back up, is seeing someone in his tree. Even if you stick to your side