Law on overhanging trees?

[Yorkshireman]

my mantra is dont go into battle , offer advice if you wish but feuding neighbour disputes

 

NO thanks....... lifes to short to get involved in them

[Eagle]

Common law has established complex rules relating to trees on boundaries:-

 

Key rules are:

 

a) A neighbour is entitled to sensitively remove overhanging branches or roots which overhang their boundary providing in doing so this does not damage the trees health or compromise its stability. We advise that neighbours should discuss their proposal with the tree owner before taking this action.

b) A neighbour may be entitled to seek damages from the tree owner if a tree is causing immediate damage, such as knocking tiles off the roof.

c) Where a tree is poisonous the owner must ensure that it does not overhang a boundary where toxic tree parts can be eaten.

 

No sure about the exact legals for access to carry out the work, but looks like its has been covered here already.

[RobRainford]

Ive just had a massive thing with a sycamore which is growing at the edge of one garden, the fence is built up to the tree and then starts ont he other side, overhangs the rear garden, one either side at the rear, and one either side next to the owners house, the neightbour to the rear and to the right of the owners property was giving all sorts of grief, the prevailing wind would blow the leaves into her garden int he autumn, and when it was sunny, there wouldnt be much light at the bottom of her garden. She was causing all sorts of aggro, the neighbours at the back who kindly allowed us to use theirs for access werent even bothered that the works were being done, they had a disabled daughter who loved to make a game out of picking up the leaves, and the woman next door was complaining about them in front of this family. Making the disabled girl feel embarassed and hide behind her mother.

 

It was completely pathetic in my eyes, it was 3.30pm on a friday and i was still climbing, with an argument going on below me, i came down and started packing up, i wasnt having it. I did what the customer wanted.

 

The compalining neighbour did come out to me again ont he monday i was there finishing the job and said they had taken legal advice, and int he winter they will be getting all what overhangs their garden taken off the tree. and if i dont want the work they will give it to someone else. i think id rather let someone else have the work, as im not being piggy in the middle over that tree!

 

i was aware there was a form of dispute over this tree, but i did not know how far it extended.

 

All i can do is be calm and advise about whats best to do, the customer was happy with the work carried out and i was glad to see the back of the job.

 

 

On a side note, the complaining neighbours husband was a H&S manager, yet decided it was fine to walk right under the tree as i was climbing and dropping stuff out. Mad eh?