Right to prune branches when it destabilizes tree.

[treelover123]

I've got a neighbouring tree which is 3/4 over my land (its right in a corner of the neighbours plot, so most of it branches are over me.) 

I'm sure that if I cut back all the branches over my land the remaining tree will be unstable.

The neighbour is ... convinced that the trees must remain and not be pruned.

How do we resolve this? Either my right to cut branches over his land must be curtailed, or some of the branches on his side need to get cut (or the tree gets destabilized...) but from google it really isn't clear to me what the 'default' legal solution is.

Thanks!

[judastreefairy]

How big is this tree?

[Con]

I don't think you're going to get a straight answer to that one.

[treelover123]

70 feet or so...

[treelover123]

2 minutes ago, Con said:

I don't think you're going to get a straight answer to that one.

Thanks... even some sense of how these things tend to play out would be helpful....

[spudulike]

Basically, you have the right to cut back both the branches and roots up to the boundary but if the tree becomes unstable or causes damage then you may be found liable for the consequences. If the tree is causing damage to your property or causing you expense then you have the right to seek costs.

Good luck with that one...legal fees are ridiculous at best and only favour the legal trade.

The best solution is probably to mediate with the neighbour but this can often be fractious if the neighbour is a bit of a bell end.

If he is a bit of a clapper, so to speak, best to hit him with an option he really doesn't like and to negotiate back to the solution that you really want.

So...start with felling the fecker and mediate back to a heavy pollard!!

[treelover123]

7 minutes ago, spudulike said:

Basically, you have the right to cut back both the branches and roots up to the boundary but if the tree becomes unstable or causes damage then you may be found liable for the consequences. If the tree is causing damage to your property or causing you expense then you have the right to seek costs.

Good luck with that one...legal fees are ridiculous at best and only favour the legal trade.

The best solution is probably to mediate with the neighbour but this can often be fractious if the neighbour is a bit of a bell end.

If he is a bit of a clapper, so to speak, best to hit him with an option he really doesn't like and to negotiate back to the solution that you really want.

So...start with felling the fecker and mediate back to a heavy pollard!!

Thank you- sounds clear as mud (not aimed at you, just describing the general situation...)

This is going to be fun. He thinks its TPOed (its not) and that he's in a conservation area (he's not.)

If I start with 'how about we cut it down' he's going to tell me its illegal... 

Fun fun fun.

[JAG63]

You can always apply to the local planning authority for permission to fell even if it's not your tree, if it's not protected or in a CA they will tell you. If they say they have no objection you will still need to agree a course of action with the tree owner but it gives you ability to start negotiation with 'I've checked and you can do what you like'.

[john87]

If it trespasses over your ground, you can cut off the offending bits, now matter what anyone claims to the contrary. If this "destabilises" the tree, not your problem. PROVIDED that you have warned the owner that this may be the case.

 

It isthen for THEM to take any action that may be needed to remedy the situation, nothing to do with you.

 

You have a right to "self abatement" that you may well lose if you allow things to drag out.

 

They obviously do not give a crap about you or your property, so just send them a recorded delivery letter telling them what you are going to do and do it.

 

What can they do??? precisely nothing. They cannot force you to put up with a trespass to your property, end of.

 

“EX TURPI CAUSA NON ORITUR ACTIO”

 

 “No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act”.

 

john..

 

[Botty Cough]

Firewood it and plant something in its place