Jump to content

Log in or register to remove this advert

Recommended Posts

Posted

We have a beautiful Holm Oak Tree in our garden and it is a nice shape and healthy.

 

Our neighbours want us to cut any branches growing over the boundary wall - they are about a foot in diameter and have been there for many years.

 

They are not a danger.

 

This will effectively cut the tree in half and spoil the shape completely.

 

1) Who is responsible for the cost of cutting the branches

and

2) do we have to do it in the first place? - as it effectively damages the tree. 

 

Thank you for your help,

 

Kind Regards,

 

 

Log in or register to remove this advert

Posted

Your neighbour can cut off branches back to boundary ...at their expense !!  You are under no obligation to do so . If the tree has a TPO it is less straight forward , an application will be required and if it is deemed it will ruin tree of high amenity value then it may well be declined.   A common mis belief in this circumstance is that the neighbour can return the branches to you ..this is not true , he should "offer " them to you but if you do not want them he has to keep them or dispose of them at his expense , he has no right to just throw them back over the wall !!  Not many contractors like doing this type of job !!

Posted

devon TWiG,

 

Thank you for your prompt and clear reply.

 

It is a pity that they have the right to cut the tree as it will completely destroy the shape - I think the tree is about 70 years old.

 

We also have a few bushes on our side with small upright branches on our side, but in high winds they may lean over to their side - are they allowed to cut them? - seems very petty to me - but they claim they have the right to do this.

 

Regards,

  • Haha 1
Posted

They cannot cross the boundary to carry out any operation without your permission this also means all of the work must be carried out from their side, no climbing tree to make cuts or resting ladder over your side of the boundary 

etc 

Posted

Dumper,

 

Thank you.

 

Very helpful advice.

 

I have tried the TPO route - but the tree officer from the council said it had to be a statement tree not an ornamental garden tree for him the recommend a TPO.

 

Regards,

 

 

 

 

Posted

If you don't want the tree cutting, why not just talk to them and say if you leave the tree alone you will cover any costs of damage if it does drop a limb on their fence.

Posted
5 hours ago, parkgate said:

devon TWiG,

 

Thank you for your prompt and clear reply.

 

It is a pity that they have the right to cut the tree as it will completely destroy the shape - I think the tree is about 70 years old.

 

We also have a few bushes on our side with small upright branches on our side, but in high winds they may lean over to their side - are they allowed to cut them? - seems very petty to me - but they claim they have the right to do this.

 

Regards,

They don't have the right to climb on any part of the tree in your property.  That may restrict the amount of work they can do. 

Posted (edited)

Let's put it simply, think of your fence boundary as an invisible wall upto the clouds.

 

They are allowed to cut anything over the invisible line, but they have to offer it back to you.

 

In reality I don't think anyone actually asks and just disposes of it tho. After all there is common sense even when being petty and or vindictive.

Edited by GarethM

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  •  

About

Arbtalk.co.uk is a hub for the arboriculture industry in the UK.  
If you're just starting out and you need business, equipment, tech or training support you're in the right place.  If you've done it, made it, got a van load of oily t-shirts and have decided to give something back by sharing your knowledge or wisdom,  then you're welcome too.
If you would like to contribute to making this industry more effective and safe then welcome.
Just like a living tree, it'll always be a work in progress.
Please have a look around, sign up, share and contribute the best you have.

See you inside.

The Arbtalk Team

Follow us

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.