Law on overhanging trees?

[common lime]

No you can not insists that the owner of the tree take the arising from pruning the tree. Also were you to throw it over the boundary and by doing so you caused damage you or your insure will be picking up the bill for the damages.

[Mesterh]

Theres no way I would start to get involved if the client wanted me to chuck the arising over into the tree owners garden tbh.

 

In fact I wouldnt get involved in a dispute, if the tree owner consents then all's fair and get on with it but ime you can end up being piggy in the middle and wasting so much time,effort and therefore money in trying to sort it all out.

[Hairyloon]

In fact I wouldnt get involved in a dispute, if the tree owner consents then all's fair and get on with it but ime you can end up being piggy in the middle and wasting so much time,effort and therefore money in trying to sort it all out.

Simple enough, you make it clear in advance what your standby charges are, and sit back and watch the show.

[detritus21]

I've had an interesting one which eventually we clarified. The Tree was in a conservation area the overhanging branches weren't. In this case you still have to apply for conservation area consent. My understanding also is that you should offer the branches back the to the tree owner. There is also nothing about crossing the boundary to maintain correct tree surgery so "lopping" could be the only option if your neighbour doesn't like you.

[ad15]

i'll start a new thread re my question at the start as this one is seems to be circling a bit... :-)

[Pommie]

They would need to prove that any problems with the tree were a direct result on the works and that the right of the branch to occupy the space had a better claim than the common law right of the cutter to abate the nuisance.

 

In short you are responsible for your actions, it's hardly likely to cause a problem removing branches but cutting roots could be an entirely different situation.

 

If the tree were not protected the neighbour is entitled to remove any part growing over the boundary, roots included. However it would be reasonable of them to inform the tree owner if they cut all of the root on their side. The tree owner would then have to make the decision on the stability of the tree.

[jaime bray]

ad15, im pretty sure that under occupiers liability the tree owner has a duty of care to persons entering there land, and also to those within in the vicinity of the land, should any endangerment come from any structure contained within his property/boundary,

 

i guess to further substantiate this possibility that he is responsible for any overhang, you could look at how a tree owner can be made to prune back overhaging veg in sect.154 highways act,

 

different situ i know but he has a duty to maintain his property to a satisfactory safe manner or do such that he restricts/reduces risk by preventing access,or harm occuring

 

what anyone else think??

[Yorkshireman]

Lots of interesting comments , re the initial re over hang it is right to say that a person or agent of a person can remove to the boundary such that breaches the said boundary branch or root, not forgeting the restrictions provided within the T&C, again a nusiance must be actionable & the remedial works must be only that which wil abate the nuisance. that is as far as a nusiance is concerned.

 

Remember You A contractor if working outside of the remit given for statutory undertakings or other powers mentioned earlier Miscellaneous Provisions Act, Asb Act

Have NO power or authority to enter / trespass on a third partys land or in the tree

 

& whilst it is commonly agreed that the reduction cuts can in theory be made upto but no further than the boundary ( inso far as it is Reasonable Tort)

You must also consider the reasonable view of a judge if you make cuts that damage the tree whether or not covered by TPo or conservation if they are Damaged then they can be covered by common law ie criminal damage , especially if your actions as a trades person can be thus demonstrated & In theory you may well be culpable & potentially put before a criminal court.

Edited June 6, 2010 by Yorkshireman

[oldwoodcutter]

even after you've talked to both parties and thought all was ok,they can still kick off.sometimes ive had to load up again a bit smartish when caught between 2 fires,before ive hardly started.and the ladies are often worse than the men.

[Dean Lofthouse]

I often find they will not talk to each other but will allow us/me to mediate