My tree overhanging neighbours land, Can I prune it?

[Mick Dempsey]

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. 
 

 

[Welsh cleaning services]

He is the client.

[Steven P]

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?

[Mick Dempsey]

4 minutes ago, Welsh cleaning services said:

He is the client.

I figure we’d passed from an individual case scenario to a general overview of tree work/ neighbour dispute hypotheticals. 
But fair enough. 
 

[dan blocker]

If you intend to do the job yourself get a mate to approach her as the contractor and to ask if she had any objection to the work being carried out🤔

[Peter 1955]

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. 😉 

[daltontrees]

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.

[Drifter2406]

As soon as your hand or any part of you goes across the fence you are trespassing, might be easier to get a tree surgeon if you really cannot speak to her or just tell her what has to be done for safety. 

[daltontrees]

On 29/06/2024 at 22:36, Drifter2406 said:

As soon as your hand or any part of you goes across the fence you are trespassing, might be easier to get a tree surgeon if you really cannot speak to her or just tell her what has to be done for safety. 

Not strictly true, trespass needs to have a degree of persistence, repetition, harm or damage for it to be acitonable at law. The law does not concern itslef with trivialities, de minimis non curat lex.

As good a time as any to roll out a clever limerick on the subject.

 

There was a law student called Rex

who had very small organs of sex

when charged with exposure

he said with composure

'De minimis non curat lex"

[Drifter2406]

23 hours ago, daltontrees said:

Not strictly true, trespass needs to have a degree of persistence, repetition, harm or damage for it to be acitonable at law. The law does not concern itslef with trivialities, de minimis non curat lex.

As good a time as any to roll out a clever limerick on the subject.

 

There was a law student called Rex

who had very small organs of sex

when charged with exposure

he said with composure

'De minimis non curat lex"

As soon as your hand or any part of you goes across the fence you are trespassing, might be easier to get a

23 hours ago, daltontrees said:

Not strictly true, trespass needs to have a degree of persistence, repetition, harm or damage for it to be acitonable at law. The law does not concern itslef with trivialities, de minimis non curat lex.

As good a time as any to roll out a clever limerick on the subject.

 

There was a law student called Rex

who had very small organs of sex

when charged with exposure

he said with composure

'De minimis non curat lex"

tree surgeon if you really cannot speak to her or just tell her what has to be done for safety. 

I have a neighbour lean over my garden at the back a few times and cut my trees, had a go at him a couple of times and in the end I called the police because the trees were getting quite bad by then after him hacking them apart, police turned up and told me "As soon as any part of him comes onto my property ie over the fence he is trespassing and cutting your trees is criminal damage". They went over to his house and gave him a verbal warning and a proper ticking off.