Branches Growing over my Neighbour's Boundary

[donnk]

On 23/09/2022 at 18:34, parkgate said:

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,

 

 

 

perhaps your neighbours could have half your dining room as compensation ?

 

Seems a fair deal.

 

 

[Paddock1]

Please may I have the full case citation ?

many thanks. 

[john87]

On 24/09/2022 at 10:15, dumper said:

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 

Afraid they can..

john..

[john87]

On 24/09/2022 at 14:14, 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. 
 

 

Why do people have a problem with this???

 

john...

[dumper]

39 minutes ago, john87 said:

Afraid they can..

john..

Care to enlighten me as I understand the law it would require a court order to do so

[john87]

13 hours ago, dumper said:

Care to enlighten me as I understand the law it would require a court order to do so

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..

[dumper]

Reading this it seems you cannot access land that is not in your possession 

you require a court order and all the time and expense it involves the cost cannot be passed to the land owner and from my own experience you can demand surveyors and quite high indemnities before work starts, please show where you are allowed to access with out the owners/ occupiers permission and if you read section c it is pretty clear you cannot carry out works just because you want to.

my local council wanted to access my parents garden,remove a tree and lay a pipe. To benefit adjacent property I have looked into this in some detail 

[Stubby]

12 hours ago, 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..

Twice , in the bit you just posted it mentions the court . So you can't just do what you like without the court saying so ...

[john87]

On 02/03/2023 at 12:57, Stubby said:

Twice , in the bit you just posted it mentions the court . So you can't just do what you like without the court saying so ...

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

 

john..

[Stubby]

1 hour ago, john87 said:

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

 

john..

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