Law on overhanging trees?

[Gerbutt]

What's the law concerning trees that overhang other peoples gardens? Are you allowed to prune back anything that comes into your garden? A chap know is having all the sun bloked from his garden by the neighbors big wheeping willow. It's only a few branches, am I ok pruning them back for him?

[ad15]

funny, i've just got in for a quote that is not dissimilar to this.. would love to know where you stand as well..

 

 

2. would also like to know where a client stands with the neighbours tree that DOESNT over hand his garden BUT everytime there is deadwood it falls on his property due to wind,, the owner doesnt want to know...i recommended speaking to his insurance and letting them speak to the owner..?

 

sorr

[ging]

afaik, if the limbs/branches are hanging over boundarys the land owner is entitled to cut the tree back to the boundary line, you do not legally have access into the tree from the the tree owners land though. you are also within your rights to return whats cut over the boundary into onto the tree owners land, it is theirs afterall.

 

as for the deadwood problem ad15, you could try put the 'duty of care' argument across to the owner of the tree. an if there is/has been damage see whats what but insurers may fob you off with an 'act of "god"' type spiel.

[Ian H]

As far as I'm aware overhanging branches can be cut back to boundary line, all arisings(including fallen fruit) remain the ownership of the tree owner, so he could legally ask for them back(most don't give a monkeys tho). On higher branches if the owner is opposed you can still cut back but mustn't enter his 'air space' so may need to be pruned by mewp.

 

Sorry ady not sure on the situation with windblown deadwood, would think there must be some law about safety etc.

[Arbgirl]

Occupiers Liability Act 1957/84

[Gerbutt]

Cheers, I thought it was something like that. He's going to pop round and see if they mind me climbing it to do the work that's needed. If not, I'm not sure how to do it! It's far to high for a ladder and silky and no way of getting a mewp round there?

[Arbgirl]

I think that there is a law that lets you (or I think it might be the council) force access to the land to carry out tree works (and bill the tree owner for it) but I am sure it is only for cases of hazardous trees and in certain circumstances

 

Will dig out my notes and see what I can find

 

I take it the work is not to be carried out in a conservation area? Or on a TPO'd tree?

[ad15]

arbgirl.. yes the tree i'm looking at is TPO'd.. the owner of the house next door has done the planning ap for it, and got it,,, they have got access through the owners garden granted by the owner, but he doesnt want to know anything about paying for it,, i think that's out of order and he should surely have a duty of care to maintain his tree...

[Gerbutt]

no TPO or anything. It may be fine and she'll let me climb it, it's just that he said she's a bit of a 'funny one', so i thought i'd better know what i was talking about..

[Pommie]

arbgirl.. yes the tree i'm looking at is TPO'd.. the owner of the house next door has done the planning ap for it, and got it,,, they have got access through the owners garden granted by the owner, but he doesnt want to know anything about paying for it,, i think that's out of order and he should surely have a duty of care to maintain his tree...

 

Define maintenance!!!

 

They may have their tree inspected and told no "work required" Would you pay for something that maybe perfectly healthy and not bothering you ?