Branches Growing over my Neighbour's Boundary

[JSN]

1 hour ago, john87 said:

you can to abate a nuisance.. No court needed there..

 
It’s as if Dr Charles Mynors is in the room 😉

Who do you think has the power to decide what constitutes a nuisance? 

[GarethM]

I suspect m'lord

[dumper]

1 hour ago, john87 said:

you can to abate a nuisance.. No court needed there..

 

john..

 

On 01/03/2023 at 23:57, john87 said:

If it is to abate a nuisance then you can do whatever it takes. It the tree is a risk to you, then you can also do what it takes. See below..

 

(4)Where the court is satisfied on an application under this section that it is reasonably necessary to carry out any basic preservation works to the dominant land, those works shall be taken for the purposes of this Act to be reasonably necessary for the preservation of the land; and in this subsection “basic preservation works” means any of the following, that is to say—

 

(a)the maintenance, repair or renewal of any part of a building or other structure comprised in, or situate on, the dominant land;

 

(b)the clearance, repair or renewal of any drain, sewer, pipe or cable so comprised or situate;

 

(c)the treatment, cutting back, felling, removal or replacement of any hedge, tree, shrub or other growing thing which is so comprised and which is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead;

 

(d)the filling in, or clearance, of any ditch so comprised;

 

but this subsection is without prejudice to the generality of the works which may, apart from it, be regarded by the court as reasonably necessary for the preservation of any land.

 

I will give the title and all tomorrow, off to bed now college course in the morning!! [asbestos]

 

john..

Your quotes mention courts do you not need to go to court to gain permission to abate the nuisance 

[Dan Maynard]

11 hours ago, dumper said:

(4)Where the court is satisfied on an application

I didn't get past this bit, to me this pretty clearly says you need to make an application to the court and give them chance to be satisfied the rule below applies.

[john87]

23 hours ago, Stubby said:

You can from your side ( cut off over hanging branches etc ) but to go round without permission is trespass .

You can go on their land, you just have to give them notice that you are going to..

john..

[Stubby]

Just now, john87 said:

You can go on their land, you just have to give them notice that you are going to..

john..

And get permission .

[john87]

22 hours ago, dumper said:

 

Your quotes mention courts do you not need to go to court to gain permission to abate the nuisance 

No, the court bit was to do with the "access to neighbouring land act" That is a separate bit of law that might come in handy one day!!

 

john..

[john87]

5 minutes ago, Stubby said:

And get permission .

No mention of permission here.. If you think about it, if you needed permission, abatement would not be possible, they could just say no and that would often be that..

 

[petercb]

You need permission from your neighbour or you are trespassing.

 

If you can't get it then you would have to use Access to Neighbouring Land Act 1992.

 

Simply this.

[Stubby]

4 minutes ago, john87 said:

No mention of permission here.. If you think about it, if you needed permission, abatement would not be possible, they could just say no and that would often be that..

 

It seems you are correct . You can just go round and do it provided you tell them that is what you are going to do ?