Boundary multi stem tree

[Jackalope]

7 minutes ago, Barti said:

That is my opinion too. He argues that the base starts his side so therefore it belongs to him or at most it’s 50:50. 
 

If I cut the left one and it the right one is now imbalanced and is a hazard then what ? Is it my problem as it’s his side?

If you take a picture from the left looking parallel with the fence it'll look like the whole base of the near stem is on your side but now we're splitting hairs. 

 

As others have said, my interpretation would be that you're entitled to remove the stem from your property. Whether you can do it whilst maintaining civilities with your neighbor is a different matter.

 

 

[Barti]

5 minutes ago, Jackalope said:

If you take a picture from the left looking parallel with the fence it'll look like the whole base of the near stem is on your side but now we're splitting hairs. 

 

As others have said, my interpretation would be that you're entitled to remove the stem from your property. Whether you can do it whilst maintaining civilities with your neighbor is a different matter.

 

 

If someone can categorically say it’s mine , he will accept that. We’ve both had different tree surgeons out who naturally don’t want to give a firm opinion as they wouldn’t want to get drawn into a dispute . 

[Puffingbilly413]

5 minutes ago, Barti said:

If someone can categorically say it’s mine , he will accept that. We’ve both had different tree surgeons out who naturally don’t want to give a firm opinion as they wouldn’t want to get drawn into a dispute . 

Remember that the fence might not necessarily be the actual boundary. Your deeds and the opinion of a surveyor would be needed to confirm that.

[openspaceman]

44 minutes ago, Puffingbilly413 said:

Remember that the fence might not necessarily be the actual boundary. Your deeds and the opinion of a surveyor would be needed to confirm that.

Trouble is deeds may no longer exist, the map on the land registry is normally not good enough, old 25" to mile OS maps may be. What deeds often show is who is responsible to maintain the boundary, with a Tee on its side on the line drawn on the map.

 

Within the last couple of years my brother received a letter threatening action from his neighbour saying that the brick wall between them was dangerous and his responsibility. It wasn't but his solicitor had destroyed the deeds when the land registry went digital, because he remembered the Tee was on the eastern boundless along the street. However the brick wall including the piers was 2ft wide. So I dismantled the wall where it was dangerous, he gained 2ft of garden and secured the victorian brick pavilion that was built on the wall.

 

The issue here is how litigious is the neighbour. This is a civil matter and the value of the tree is close to nothing. So the damages in any action are likely to be over the appropriation of land plus the biggy, legal costs likely to be tens of thousands heaped on the loser.

[Barti]

Thanks all

[Jackalope]

2 hours ago, Barti said:

Thanks all

Let us know what the eventual outcome is please. 

[openspaceman]

Just for interest if you get to agree on a boundary

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Your property boundaries: Apply to record the exact boundary - GOV.UK

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About your property boundaries, working out your boundary lines, boundaries and neighbour disputes, agreeing who's...

 

[petercb]

57 minutes ago, openspaceman said:

Just for interest if you get to agree on a boundary

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Your property boundaries: Apply to record the exact boundary - GOV.UK

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About your property boundaries, working out your boundary lines, boundaries and neighbour disputes, agreeing who's...

 

This.

 

Had a boundary query, not a dispute, Land registry sent surveyor out with GPS very accurate. All sorted no problem.

[Barti]

On 05/06/2023 at 11:07, petercb said:

This.

 

Had a boundary query, not a dispute, Land registry sent surveyor out with GPS very accurate. All sorted no problem.

I don’t really understand why I should pay to prove something which based on the facts is in my garden

[petercb]

2 minutes ago, Barti said:

I don’t really understand why I should pay to prove something which based on the facts is in my garden

I didn't pay.