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My tree overhanging neighbours land, Can I prune it?


milonic
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OP is the owner, neighbour and also going to do the work, so a friendly contractor knocking on the door isn't going to happen.... though can appreciate not seeing the neighbours face might show a different side to her personality ("Sure, help yourselves, that's the best gate to use" type of answer) - sometimes a contractor can soothe things in all lines of work (don't do public facing jobs without learning some people skills).

 

OP doesn't say if things are down to legal letters yet, but sounds like a note through her door saying when the work will happen is going to open op another level of problems apart from the tree.

 

My thoughts are, yes, should be OK if everything stays your side, no damages and so on as planned. What happens though if something unexpected happens? - Dropped kit on her side, (hope not) an accident and so on, is the relationship still OK that she would see sense "Dropped a rope, just picking it up" type of thing?

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2 hours ago, Mick Dempsey said:

I learnt years ago to keep an open mind. 
It could be that your client is the asshole. 
You only hear their side of the story. 
Stay professional, stay neutral. 
 

 

Indeed. We had a customer, nice bloke to work for, lovely fella. We went to trim some shrubbery for him, and remove some dead stumps. Long story short, seems he didn't get on with most of his neighbours for whatever reason. The last part of the job was to trim some ivy and crap from his side that was invading on one neighbours garden. It wasn't easy to do, hanging upside down from his garden shed roof! As we were leaving, we noticed signs of life next door, so politely knocked on the door, explained why, and said that we would like access from her side, it would benefit her immensely, and we could do the job easily, and be gone in minutes. 

 

Her reply? Verbatim: 

 

" I wouldn't p**s on him if he were on fire". We took that as a refusal, and went home. 😉 

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The civil law is applied almost entirely according to the reasonability of people.

 

You won't be able to rig every tiny bit, some stuff will end up on her land. You don't need permission to be in her airspace if it's necessary for safety or it's the only means possible.

So a  really good investment for the fuuire would be to ask for access to tidy up. Ideally in writing.  If it's not granted, crack on. Do everything you reasonably can to avoid damage or dropping debris. 

The law will then be on your side.

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