Neighbourly dispute!

[likeitorlumpit]

Spent a lot of time when younger trying to do sensitive jobs on willows. Waste of time usually.

[Ian C]

It will sprout exactly like it did the last time it was cut to those points. Standard procedure

 

Correct, been done right.

[Le Sanglier]

Spent a lot of time when younger trying to do sensitive jobs on willows. Waste of time usually.

 

Yup, same as.

[treequip]

I've worked on plenty of shared trees and hedges.

 

Trees on boundaries aren't usually considered shared, (although neighbours might agree to share the burden), it belongs to one party and is trespassing on the other who has the right to remove any encroachment (subject to protection)

 

I am another in the muller the top off camp and I will go as far as to say that given the nature of the original cuts at the "pollard" and I use that term with reservation, keeping re growth under control is a necessary evil

Edited May 19, 2013 by treequip

[openspaceman]

Nothings ever shared skyhuck, has to belong to someone

 

Yes I agree normally but propose a hypothetical question: said weeping willow is planted as a 5cm whip 15cm from the boundary, 40 growing years pass by and the tree reaches a diameter of 75cm centred on the original planting spot. Who owns the 17.5cm of tree that is now over the boundary, the garden from where it originated or is it assumed to have gone feral?

[TimberCutterDartmoor]

Willows; they love it.

[treequip]

Yes I agree normally but propose a hypothetical question: said weeping willow is planted as a 5cm whip 15cm from the boundary, 40 growing years pass by and the tree reaches a diameter of 75cm centred on the original planting spot. Who owns the 17.5cm of tree that is now over the boundary, the garden from where it originated or is it assumed to have gone feral?

 

The owner will be the majority share, the other part is trespassing on the neighbouring property, the sticking point with this is that determining the position of the boundary which is accepted to be "a line of notional thickness" is a difficult thing. Scaling a drawn line from a plan can leave you with an area on the ground several hundreds of mm wide, depending on scale

[eggsarascal]

The owner will be the majority share, the other part is trespassing on the neighbouring property, the sticking point with this is that determining the position of the boundary which is accepted to be "a line of notional thickness" is a difficult thing. Scaling a drawn line from a plan can leave you with an area on the ground several hundreds of mm wide, depending on scale

 

What would you make of the one below ?

 

The trunk of the tree is on my land although most of the tree is in my neighbours garden. Surely it is my tree/responsibility.

 

[treequip]

What would you make of the one below ?

 

The trunk of the tree is on my land although most of the tree is in my neighbours garden. Surely it is my tree/responsibility.

 

[ATTACH]124259[/ATTACH]

 

Well ownership is governed by the land that the tree is rooted on so its your tree but, what you have there is a pretty serious encroachment, your neighbour would be within their common law right to self abate that, which would mean cutting whatever crossed the boundary at the boundary.

[tristree]

i would be tempted to half the height of the main trunk........? she'd be in for a shock then.