My tree overhanging neighbours land, Can I prune it?

[milonic]

Hi all, hope you are well.

 

I have quite a large oak tree (no TPO) that is on my land but close to the boundary. 

 

It overhangs by quite a bit and is damaging the roof of a new building on our land.

 

My plan is to prune it back quite hard to fix the issue but I also need to prune the branches overhanging onto the neighbours land. Which is an open field nowhere near anybody's property.

 

Now, normally, I'd ask permission but we do not get on AT ALL!

 

What's the law regarding climbing our own tree to gain access to the branches overhanging a neighbours land. We have no intention of stepping foot on their land and the branches can be rigged, or use a telehandler to get them down safely.

 

Anybody have any experience of this?

[pleasant]

Crack on. Its your tree, and therefore your debris, which you are clearing up and you aren't trespassing by setting foot on your neighbours land. 

 

What reason would they have to object? 

[openspaceman]

54 minutes ago, pleasant said:

Crack on. Its your tree, and therefore your debris, which you are clearing up and you aren't trespassing by setting foot on your neighbours land. 

 

 

Technically I think you are if you are over their property but it is a civil offence so they would need to show what damage you had caused by not going through the provisions of the party land laws to gain lawful access.

 

See a recent thread about wind turbine blades over sailing a property. I had the same when a developer wanted the tail swing of a crane over a charity's property, the charges were so enormous they got in a more expensive crane with no tail swing.

 

I would crack on too, but quietly and they may never realise.

[milonic]

  

1 hour ago, pleasant said:

What reason would they have to object? 

 

Because she's a nasty piece of work. She'd have no problem suing me for anything she could.

 

I also really need to be very careful not to damage the row of Leylandii she planted directly under the oak tree. Fingers crossed we can rig it nicely onto our own land in small sections without too much landing their way. I really don't want to take the whole tree out, it could be a couple of hundred years old.

 

33 minutes ago, openspaceman said:

 

I would crack on too, but quietly and they may never realise.

 

 

Nah, she'd know the minute the chainsaw stated up and be over like a shot. I'll just pretend she's not there. Make sure my ear defenders are on all the time.

 

As you say, it's a civil offence and if I do no damage not sure she'd have a case.

 

She's accused me of killer her trees before. She planted a load and never bothered to water them and I got the blame.

[rapalaman]

Battery saw and/or wait till she’s out for the day 👍

[nepia]

And take plenty of pics before, during and after, especially of those precious Leylands

[pleasant]

Aside from being a cantankerous old 'thing' I really don't see an issue. You are cutting off your branches from your side of the boundary and the branches and any other detritus are being roped directly back over to your side.

 

If you are that concerned then rig up a go pro for the duration.

 

 

[spudulike]

Neighbours eh.....Grrrrr. 

Any Civil action would need her to get legal representation and prove that you have been negligent or trespassing. Her insurance may cover her being the only fly in the ointment but she would have to prove as above.

[dan blocker]

Get some mates, tree hugger, school teacher types and get them to dress up as “Just stop oil” and to glue themselves to her drive for the day🤔. Police won’t be able to move them on cos it’ll be a civil matter😳 that’ll keep her busy?

[Mark Bolam]

Just tell her you’re reducing your tree and the branches on her side can either be left in her garden or you’re happy to pick them up.

Her call.

 

Get her response in writing, email or text, then she can’t whinge later on.