Private trees overhanging public space?

[Daniël Bos]

A rhetorical question:

 

A tree, in a private garden is hanging over the boundary, over a footpath.

The footpath is in a pavement beside a main road.

 

Can a user of this footpath cut back any branches overhanging said path that are obstructing them?

 

 

 

I ask this as we have this situation locally. The owner of the tree is happy to prune it back, or for somebody else to do so.

It just had me wondering wether, had the owner not been willing, a member of the public would have been in his/her rights to remove any growth obstructing their progress?

[Le Sanglier]

Hypothetical. And........... I dunno!

[felixthelogchopper]

My guess (and it is only a guess) is that it would be for the L.A to approach the land owner to get the land owner to cut back the vegetation. If the land owner won't do it, the L.A would do the work then probably bill the land owner.

[Daniël Bos]

Hypothetical. And........... I dunno!

 

You's got to remember that I is foreign...

[treequip]

A rhetorical question:

 

A tree, in a private garden is hanging over the boundary, over a footpath.

The footpath is in a pavement beside a main road.

 

Can a user of this footpath cut back any branches overhanging said path that are obstructing them?

 

 

 

I ask this as we have this situation locally. The owner of the tree is happy to prune it back, or for somebody else to do so.

It just had me wondering wether, had the owner not been willing, a member of the public would have been in his/her rights to remove any growth obstructing their progress?

 

Yes...

[geoff]

I just had a client phone in a panic, given notice to clear overhanging vegetation to 2.5m height back to boundary over a footpath, seems the user of the footpath can report it to the LA, & they will respond. We all know this, but regarding doing the work yourself I would say you have no right legally,or at least you leave yourself open to litigation should there be a problem with your actions.

Yet a lot of 4wd green laners often have work parties to clear green lanes of tree limb obstructions, seemingly with no issues.

So my contribution is as clear as mud!

[s.varty]

Yes...

 

I would agree with that as well:thumbup1:

[Le Sanglier]

You's got to remember that I is foreign...

 

I know,and your English is better than 90 percent of people on here and much, much better than my French:001_smile:

[felixthelogchopper]

I just had a client phone in a panic, given notice to clear overhanging vegetation to 2.5m height back to boundary over a footpath, seems the user of the footpath can report it to the LA, & they will respond. We all know this, but regarding doing the work yourself I would say you have no right legally,or at least you leave yourself open to litigation should there be a problem with your actions.

Yet a lot of 4wd green laners often have work parties to clear green lanes of tree limb obstructions, seemingly with no issues.

So my contribution is as clear as mud!

 

I thought that there could be possible Criminal Damage implications if a member of the public 'did it themself'.

[geoff]

I thought that there could be possible Criminal Damage implications if a member of the public 'did it themself'.

 

Treequip is most likely right, he often is, & I'm thinking you are on the money too.