Branches Growing over my Neighbour's Boundary

[dumper]

1 minute ago, GarethM said:

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.

And you can chose what you take back , make them return logs but have to dispose of branches

[openspaceman]

4 hours ago, Mick Dempsey said:

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. 
 

 

Yes and this is the sort of  disagreement that can escalate into a neighbour feud so just accept that your branches have trespassed onto their property, try and negotiate a  reasonable prune but if the shape of the tree is ruined then remove it.

 

Has anyone got that picture of a front garden in suburbia where just this happened?

 

Found it

 

Edited September 24, 2022 by openspaceman
picture

[daltontrees]

I'd just add a coupel of things.

 

Firstly a TPO would not necessarily stop the pruning. There is a statutory exemption from the protection offered by a TPO if (and to the extent that) pruning is to prevent or abate a nuisance. Pure encroachment that is not preventing the neighbour making reasonable use of their property might be protected by a TPO, but if there is any nuisance aspect, the TPO is ineffective.

Secondly, the neighbour cold make the tree owner pay for the removal of branches, but it would take a court action to do so (or a negitiation in lieu of this). A court action that succeeeded woudl also cost the tree owner all the legal costs of the neighbour, so it's not a comfortable starting point for the tree owner in any negotiation.

[Puffingbilly413]

1 hour ago, daltontrees said:

I'd just add a coupel of things.

 

Firstly a TPO would not necessarily stop the pruning. There is a statutory exemption from the protection offered by a TPO if (and to the extent that) pruning is to prevent or abate a nuisance. Pure encroachment that is not preventing the neighbour making reasonable use of their property might be protected by a TPO, but if there is any nuisance aspect, the TPO is ineffective.

Secondly, the neighbour cold make the tree owner pay for the removal of branches, but it would take a court action to do so (or a negitiation in lieu of this). A court action that succeeeded woudl also cost the tree owner all the legal costs of the neighbour, so it's not a comfortable starting point for the tree owner in any negotiation.

Assuming it went to court, what would be the basis of a ruling in favour of the neighbour? Could they do so for just encroachment or would it have to be for preventing reasonable use of property?

[john87]

If they are over your boundary, then you can cut them off, simple as.. There is no way that you are responsible for the disposal either, they are not yours.. Makes me wonder why people thing they have the right do do as they like and that encroaching over others property does not matter. They would be the first to scream if it were done to them..

 

john..

[dumper]

2 hours ago, john87 said:

If they are over your boundary, then you can cut them off, simple as.. There is no way that you are responsible for the disposal either, they are not yours.. Makes me wonder why people thing they have the right do do as they like and that encroaching over others property does not matter. They would be the first to scream if it were done to them..

 

john..

You might like to revisit your second statement

[john87]

13 hours ago, dumper said:

You might like to revisit your second statement

Which bit do you mean??

 

john..

[Retired Climber]

1 hour ago, john87 said:

Which bit do you mean??

 

john..

The bit that's wrong. 

[Will C]

On 24/09/2022 at 23:58, john87 said:

There is no way that you are responsible for the disposal either, they are not yours.

 

john..

Incorrect. You must offer the tree owner them back but if they refuse they are your problem 

[daltontrees]

On 24/09/2022 at 18:34, Puffingbilly413 said:

Assuming it went to court, what would be the basis of a ruling in favour of the neighbour? Could they do so for just encroachment or would it have to be for preventing reasonable use of property?

if the encroachment was deemed a nuisance, the court should award an injunction (England) or interdict (Scotland), which would require the tree owner to abate the nuisance at thier own expense. Failure to comply would be contempt of court, punishable with fines and eventually imprisonment.

A court might find a non nuisance encroachment to be de minimis (i.e. too trivial for the law to intervene), and if so there would be no award. or, de minimis but award only costs.