Boundary multi stem tree

[Barti]

Evening all,

 

looking for a bit of advice and some pointers as to where to go next.

Summary -

 

At the rear of my garden we have a boundary tree. 
 

The tree has two trunks.

 

the fence has been built around the tree at some point, presumably the tree broke the fence in the past. 

 

the fence doesn’t line up as a result, the left side fence is further back than the right. Which means the boundary isn’t clear but we are taking about 30cms of depth, surely below any threshold for a surveyor, and has likely been there 20 years at least.

 

the left trunk is 95% in my garden, the right trunk is 50/50.
 

I wanted to cut the left one down but as a courtesy informed my neighbour in case it unbalanced the right trunk. He argued that the tree is his or at most 50/50 and is very passionate about not cutting any trees down.  

Ive cut all overhanging branches , so it just half a tree. 

 

 

how do I find out if I can or cannot cut the tree down? 

 
You are allowed to cut overhanging branches and roots , surely the whole tree is overhanging? Could I  in theory cut every branch down as they grow from my side of the fence? ; leaving a branchless pole.

 

 

 

 

 

 

 

 

[Squaredy]

What a shame this tree was allowed to ever become a tree.  It clearly is in the wrong place and should have been pulled up as soon as it sprouted from a seed.  It looks like a sycamore, so will get bigger and bigger and bigger.  It will become more and more of a problem.  Maybe if the fence were not there it might be attractive as part of the boundary, but with a fence it just looks like a problem.  

Is it near to any buildings, or just the fence?

[Barti]

Yeah it’s near my house, in falling distance. It’s nowhere near my neighbours house.  It also blocks light from about 1- 5 for half the garden. 

[Squaredy]

16 minutes ago, Barti said:

Yeah it’s near my house, in falling distance. It’s nowhere near my neighbours house.  It also blocks light from about 1- 5 for half the garden. 

Might it be worth getting a positive ID on the tree and trying to explain to the neighbour that this tree is really not suitable to be close to a house and it will grow and grow and grow?

 

 How many metres is it from your house?

[Barti]

I think it is a sycamore yeah , around 7/8 metres 

[Squaredy]

3 minutes ago, Barti said:

I think it is a sycamore yeah , around 7/8 metres 

Mmmm, certainly it will need constant maintenance to stop it being a problem.  Sorry that doesn’t really answer your question.  Hopefully another member will know the answer.

[monkeybusiness]

Is there anything in your deeds about who has responsibility for that boundary? 

[Barti]

I believe they are party boundaries, not really clear.

 

If a trunk of a tree grows into your property can’t you cut it ? When does a trunk become a branch ? The whole tree is overhanging.
 

[Steve Bullman]

13 hours ago, Barti said:

Yeah it’s near my house, in falling distance. It’s nowhere near my neighbours house.  It also blocks light from about 1- 5 for half the garden. 

I expect he would be more passionate about cutting down trees if they were near his house 

[rapalaman]

Whatever is growing over your side, you’re quite within your rights to cut off. I’d be going for about where I’ve marked on the pic.

anyrhing overhanging from the other trunk can be trimmed back to the boundary as well.

As squaredy says - wrong tree wrong place 👍