Boundary multi stem tree

[Barti]

He still is of the view that it’s a jointly owned tree and we both have to agree to everything….

[dumper]

If mine I would refer to the corner posts look at yours and those of at least a garden to either side, draw an imaginary line or a string if you can between them and see where the trunk and root plate end up. You might win or lose it’s a risk, or the existing line could be right 

it’s totally possible that there are two trees here growing in close proximity 

you are quite within your rights to remove anything on your side of the boundary, from the pictures that’s in my opinion most of that trunk.

you should then I think offer to prune the remains trunk to reduce the possibility of wind throw, it’s a sycamore and will regrow quickly. It’s up to your neighbour if he take you up on the offer 

the possibility of this tree making old age is slight it’s not a good specimen/s 

[trigger_andy]

2 hours ago, Barti said:

He still is of the view that it’s a jointly owned tree and we both have to agree to everything….

Just get on with cutting it down. 🤷🏻‍♂️You’ve had your answer at least 10 times over now 🤣

[Puffingbilly413]

4 hours ago, Barti said:

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

The point is that it isn't fact - well not necessarily. You can't really determine ownership if you're unsure of the true boundary. 

 

Generally speaking it tends to the case that ownership falls to the one which the majority of the tree sits. 

 

It really depends how much effort you want to go to to establish the 'facts' here. If I had proof of the boundary's position I'd just go ahead and get the work done. If I were unsure then I'd find out first - esp as your neighbour seems to want to fight their corner.

[trigger_andy]

7 minutes ago, Puffingbilly413 said:

The point is that it isn't fact - well not necessarily. You can't really determine ownership if you're unsure of the true boundary. 

 

Generally speaking it tends to the case that ownership falls to the one which the majority of the tree sits. 

 

It really depends how much effort you want to go to to establish the 'facts' here. If I had proof of the boundary's position I'd just go ahead and get the work done. If I were unsure then I'd find out first - esp as your neighbour seems to want to fight their corner.

If he proves ownership/boundary and cuts it down the neighbour is gonna be pissed. If he is confident he has ownership but can’t prove ownership/boundary easily and cuts it down the neighbours gonna be pissed. The neighbour’s gonna be pissed regardless so just cut it down to what he believes is his property and leave it with the pissed neighbour to prove otherwise if he can be bothered. What is the worst legal repercussion he’s going to face? Whatever happens the neighbour’s gonna be posed so just crack on. 

[Puffingbilly413]

55 minutes ago, trigger_andy said:

If he proves ownership/boundary and cuts it down the neighbour is gonna be pissed. If he is confident he has ownership but can’t prove ownership/boundary easily and cuts it down the neighbours gonna be pissed. The neighbour’s gonna be pissed regardless so just cut it down to what he believes is his property and leave it with the pissed neighbour to prove otherwise if he can be bothered. What is the worst legal repercussion he’s going to face? Whatever happens the neighbour’s gonna be posed so just crack on. 

Depends how litigious the neighbour is I suppose.  It might also prove difficult to find a firm to take the job on if there's a boundary or ownership dispute.

 

It's not pissing the neighbour off that's the issue, it's doing so whilst potentially giving them ammunition to take action themselves.

[trigger_andy]

Just now, Puffingbilly413 said:

Depends how litigious the neighbour is I suppose.  It might also prove difficult to find a firm to take the job on if there's a boundary or ownership dispute.

 

It's not pissing the neighbour off that's the issue, it's doing so whilst potentially giving them ammunition to take action themselves.

But the stem clearly crosses the fence line/boundary at some point. How close he cuts it back to the fence depends on his adventurous he is. 😁 He is entirely within his rights to cut back to his boundary, so to save squabbling over a few inches cut it clean off at a distance clearly within his property. Then at a later date trim back to the fence line. 
 

This particular case will never ever go any further than a pissed off neighbour. 

[openspaceman]

2 hours ago, trigger_andy said:

 

This particular case will never ever go any further than a pissed off neighbour. 

Having had one poor neighbour out of the three who have lived in the attached house I was glad to see him go. Now whilst it never pays to appease an objectionable neighbour I wouldn't unnecessarily start a row. Also you are supposed to mention neighbour disputes in any future sale details.

 

Just look at past court cases to see how these things can escalate, a boundary determination is cheap in comparison.

Edited June 8, 2023 by openspaceman
typo

[trigger_andy]

6 minutes ago, openspaceman said:

Having had one poor neighbour out of the three who have lived in the attached house I was glad to see him go. Now whilst it never pays to appease and objectionable neighbour I wouldn't unnecessarily start a row. Also you are supposed to mention neighbour disputes in any future sale details.

 

Just look at past court cases to see how these things can escalate, a boundary determination is cheap in comparison.

That’s a fair comment. Never thought of that angle. 
 

But if we’re going down that road then the Op best just give up now. 
 

It seems like he’s looking for categorical proof the tree is his once it crosses the boundary so it enables him to cut it down. He’s not looking to appease him by the looks of things, just get the best advice on what he’s allowed to do. The experts have said crack on. 

[Mick Dempsey]

8 hours ago, Barti said:

He still is of the view that it’s a jointly owned tree and we both have to agree to everything….

Well you can waste your time trying to disabuse him of that view, or do it anyway.