Branches Growing over my Neighbour's Boundary

[parkgate]

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,

 

 

[devon TWiG]

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 !!

[parkgate]

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,

[dumper]

So get onto the tree officer and try for a tpo can’t hurt

[dumper]

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 

[parkgate]

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,

 

 

 

 

[GarethM]

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.

[Con]

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. 

[GarethM]

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 September 24, 2022 by GarethM

[Mick Dempsey]

If they can get a cherry picker in it’ll be easy enough to do.

 

Their garden, they can decide if they want branches in it.