Neighbour's application to cut back my tpo'd tree

[LilyLangtree]

Hello everyone,

I hope this is being posted in the correct forum.  My neighbour has applied to the Council to cut back my tree which he says is overhanging the boundary but the boundary is in the wrong place as confirmed by a RICS boundary surveyor recently.  Tree has TPO.  I've objected under the application but I'm worried the Council won't consider boundaries.  He's 3 metres onto my garden.  Any advice greatly appreciated.

[topchippyles]

The dispute is with the boundary really which you both need to agree on. Once that is agreed anything hanging over his side he will be entitled to cut if the council agree. 

[LilyLangtree]

24 minutes ago, topchippyles said:

The dispute is with the boundary really which you both need to agree on. Once that is agreed anything hanging over his side he will be entitled to cut if the council agree. 

Thank you.  The boundary has already been marked with pegs but my neighbour won't accept it.  I'm worried the Council will let him cut the tree.

[Mick Dempsey]

Any chance of a photo? For context and species etc.

[dan blocker]

Surely if you inform them of the dispute over the boundary position and provide them with any correspondence and professional survey reports the council will/ should delay their decision. And it also could mean that the TPO’d tree doesn’t require trimming after all?

[Canal Navvy]

I wonder if your neighbour fully realises what they are getting into, disputes between neighbours are one thing, making false declarations to the authorities can be viewed very seriously indeed 🤔

[Mick Dempsey]

You can apply for work on a tpo ed tree that’s not yours. 
It’s no big deal, if you don’t own it you can’t do it. 

[daltontrees]

The boundary shoudn't fundamentally affect the Council's decision. It is the tree that is TPO'd not the land. It is it's importance to the amenity of the area that matters, regardless of where the boundary beneath it is.

 

That said, if the tree is encroaching into a neighbouring property and is a 'legal 'nuisance' i.e. doing damage or preventing reasonable use of the encraoched land, it can be cut back without Council permission, but only enough to prevent or abate the nuisance.

 

If it's a lesser situation than that, like ALL TPO appications the applicant HAS to give reasons for the work. You haven't said if he has done this or what the reasons are.

 

But as others have said, if the neighbour has no right to the land over which it is suposedly encroaching he has no right ot cut it whether it has TPO consent or not.

[kram]

How long has the boundry been incorrect? After 12 years I believe it is, the current boundry can become legally relevant.

 

What is the tree? Have any photos showing tree and the boundry dispute?

 

[spudulike]

Known as Adverse Possession but you would need to claim the land legally and get the deeds changed.

It is made more difficult if the other landowner disputes the ownership.