Boundary tree law.

[Mesterh]

We seem to be getting more and more of these disputes where neighbours are arguing about over hanging trees. We usually try to not get involved and limit our advice.

 

Now, can anyone please point me in the right direction so I can see exactly the laws that cover this type of problem?

 

The advice I pass on is something along the lines of "you have a legal right to prune your neighbours tree back to the boundary as long as it doesnt conflict with any TPO's (I know this is also a grey area) or cause damge that will affect the health or amenity value. You have to pay, to owner doesn't and you must also offer the branches, logs back to the tree owner but if they dont want them you must dispose of the brash, you cant just throw it over there wall!"

 

Advice to owner is "You have a duty of care to maintain your tree to a reasonable standard, you do not have to prune the tree back from your neighbours property." etc etc blah blah blah

 

Any one with the internet can come up with all kinds of conflicting advice which they do! "The tree is trespassing on my property....It's causing a nuisance....They have to pay to get there tree pruned....I have to throw the branches back....It's the law that all leafy trees MUST be pruned?!!!!......Someone in the paper slipped on a leaf and claimed £5000 in compensation!!!!!" etc

The whoppers I've heard lately!

 

Is there something I can print off to show customers and irritated neighbours THE LAW, or doesnt it really exist because I cant find it.

 

I want to make sure that I am giving the correct advice not only to cover myself but to hopefully stop feuding neighbours having there trees butchered to bits (not by me of course)

 

If any one has managed to read this far and not fall asleep I would very much appreciate any info you can pass on.

[Amelanchier]

The authority on such matters is "The Law of Trees, Forests and Hedgerows" by Charles Mynors.

 

Pricey book though, last time I looked it was over £100. Parts of it are available on Google Books.

 

However, in general terms with regard to neighbour disputes. Just tell them to get a solicitor to sort it out not a tree worker.

[treequip]

Here is the problem. None of the law covering this subject is statute so there is no act of legislation you can print off and show.

All these issues are covered by common or case law. Chris Skellern on AIE has most of relevant cases cited.

Your take on the stand of things is spot on except for the amenity value part. Statutory protection notwithstanding, there is no legal obligation to maintain amenity. Back to the boundary means back to the boundary.

There is also a school of thought that the health issue is debateable. The problem is these issues seldom get above magistrates court so don’t set a precedent.

 

Andy

[Log-ologist]

...However, in general terms with regard to neighbour disputes. Just tell them to get a solicitor to sort it out not a tree worker.

 

 

Quite right , I tell potential customers that I will not be piggy-in-the-middle to neighbourly disputes if they hint at a problem.

 

Though, I should add that I have worked for so many people in my town that often I have seen both sides of the fence ( tree, hedge) and usually side with the owners , or the client which I worked for first, or the best payer. I never upset people by being rude or throwing waste over the boundary though.

 

common sense should prevail in this sort of thing.

[Mesterh]

Cheers for the info fellas

 

Looks like we could do with some nice statute laws to clear things up

 

I'll have a look about for that book by Charles Mynors you never know what might show up on ebay!

 

It is probably best left to the solicitors, that or the gypo's!

[Mesterh]

common sense should prevail in this sort of thing.

 

 

The problem is it aint so common

I'm surprised that some of the people I've met over the years can walk and talk at the same time

[bill]

what about this high hedge act? has anyone any info on this one please?

[Paul Barton]

Here is a helpful leaflet on hedges.

hedge leaflet.pdf