The law relating to offering back arisings from neighbours

[hesslemount]

Can anyone tell me the exact title and year of the legislation that states individuals must offer arisings back to the tree / hedge owners when carrying out such work please? 

[GarethM]

Why ?.

 

If it's your neighbour, knock on the door have a conversation, unless you want to buy a lawyer his next sports car/Caribbean holiday, insert expensive purchase.

 

And if it's a trimmed hedge, do you really want to loose the house legally speaking.

[openspaceman]

31 minutes ago, hesslemount said:

Can anyone tell me the exact title and year of the legislation that states individuals must offer arisings back to the tree / hedge owners when carrying out such work please? 

I think the original ruling was given in Mills v Brooker [1919] when someone took apples from branches overhanging his property and sold them. The judgement was they were not his to sell but remained the property of the tree owner.

 

How subsequent disputes  about ownership of the branches have been resolved I don't know but if the branches are not wanted by the tree owner and have to be disposed then they are waste and to throw them back over the hedge  would not be a proper means of waste disposal.

[AHPP]

From memory, there’s other caselaw about valuable vs valueless trees so I bet the offering back thing isn’t as straightforward as people usually think. Offering conifer hedge clippings back is obviously stupid. 
 

I wrote a moot problem about it years ago. Will have a look next time I have the right laptop on.

Edited Sunday at 12:12 by AHPP