Branches Growing over my Neighbour's Boundary

[john87]

Ok,, First off, you hear tales about "you cannot enter the neighbours land" [so climb on the tree on "their" side.. Yes you can IF NEEDED, you merely have to tell them of your intentions. Makes no difference if they are not happy with this..

 

Secondly, it makes no difference if the tree is preventing you doing anything, you can remove it just because you want to, no other reason is needed..

 

Doubt this?? Read the below..

 

[Mark Bolam]

My bad.

I’ve contacted the RHS and told them their interpretation of common law is wrong.

Their legal team have been sacked.

[5thelement]

2 hours ago, john87 said:

Ok,, First off, you hear tales about "you cannot enter the neighbours land" [so climb on the tree on "their" side.. Yes you can IF NEEDED, you merely have to tell them of your intentions. Makes no difference if they are not happy with this..

 

Secondly, it makes no difference if the tree is preventing you doing anything, you can remove it just because you want to, no other reason is needed..

 

Doubt this?? Read the below..

 

If you attempted to come into my garden when I have told you “No”, I would simply knock your block off, how’s that interpretation?

 

[Dan Maynard]

3 hours ago, Mark Bolam said:

My bad.

I’ve contacted the RHS and told them their interpretation of common law is wrong.

Their legal team have been sacked.

You'd better give the Arb Association a bell too, Mark and let them know.

[devon TWiG]

I think there is a right of access in some cases ...for example ...being allowed to put a ladder on neighbours land to get to gutter , window etc    

Going onto your neighbour's land | MyLawyer

WWW.MYLAWYER.CO.UK

 

Edited September 28, 2022 by devon TWiG

[devon TWiG]

Not asking in a serious way but ....if your tree branches are over a neighbours property , and you take your own tree down can you ( legally ) drop branches overhanging neighbours garden in their garden and leave them there for them to dispose of ??

[Mark Bolam]

I very much doubt it, but I’ve been wrong before.

John will be able to confirm.

[john87]

1 hour ago, Mark Bolam said:

I very much doubt it, but I’ve been wrong before.

John will be able to confirm.

Err, no, because they would constitute a nuisance and therefore they would be able to abate this nuisance by chucking them back!!

 

john..

[john87]

This lark of entering onto someone else's property to "abate a nuisance"

 

Does not concern me, as i do not get involved in such things, BUT, i think i should point out that this bit was written by a barrister called Denis Keenan..

 

 

This one was written by someone called Catherine Elliott who is also a barrister and a law lecturer at Kingston university..

 

 

And this one [below] was written by someone called Michael Jones who is a solicitior and is/was a lecturer at Liverpool university where he specialised in tort..

Funny that all three of them say the same thing then eh? That you can indeed enter onto the land to abate the nuisance PROVIDED you inform the land owner of your intention..

 

So never mind what the RHS might like to believe, i think i would rather rely on the contents of legal texts written by barristers and law lecturers..

 

Conversely, an easement to actually retain or permit a nuisance can be obtained by prescription..

 

So, if something, [say a tree] has been a nuisance TO YOU for 20 years, then there might be nothing you can do about it now.. BUT, it has to have been a nuisance for all of this time, [so if the tree has been there for 100 years, but only became a nuisance 5 years ago, then no, you would not have to put up with the thing] AND, it has had to have been a nuisance TO YOU for 20 years.. So if you only moved in two years ago, the neighbours will have to let you prune the thing and it would be no defence for them to say "well, it pissed off the last lot for 15 years" that would still not count towards the 20 years..

 

john....

 

Edited September 28, 2022 by john87

[Puffingbilly413]

1 minute ago, john87 said:

This lark of entering onto someone else's property to "abate a nuisance"

 

Does not concern me, as i do not get involved in such things, BUT, i think i should point out that this bit was written by a barrister called Denis Keenan..

 

 

This one was written by someone called Catherine Elliott who is also a barrister and a law lecturer at Kingston university..

 

 

And this one was written by someone called Michael Jones who is a solicitior and is/was a lecturer at Liverpool university where he specialised in tort..

Funny that all three of them say the same thing then eh? That you can indeed enter onto the land to abate the nuisance PROVIDED you inform the land owner of your intention..

 

So never mind what the RHS might like to believe, i think i would rather rely on the contents of legal texts written by barristers and law lecturers..

 

Conversely, an easement to actually retain or permit a nuisance can be obtained by prescription..

 

So, if something, [say a tree] has been a nuisance TO YOU for 20 years, then there might be nothing you can do about it now.. BUT, it has to have been a nuisance for all of this time, [so if the tree has been there for 100 years, but only became a nuisance 5 years ago, then no, you would not have to put up with the thing] AND, it has had to have been a nuisance TO YOU for 20 years.. So if you only moved in two years ago, the neighbours will have to let you prune the thing and it would be no defence for them to say "well, it pissed off the last lot for 15 years" that would still not count towards the 20 years..

 

john....

 

John I think you need to read the stuff you've posted more thoroughly. The circumstances where access to a neighbouring property to abate a nuisance are given quite clearly. The examples you've given don't quite support what you're saying