Private trees overhanging public space?

[kevinjohnsonmbe]

One glaring omission from the advice above. Whosoever does the cutting, the arisings remain the property of the landowner on whose ground the tree grows, so it should be placed, so far as reasonable not to cause damage or further obstruction, back within the boundary of said landowner. In reality, with prior discussion / agreement of landowner, it would be reasonable to remove for the maintenance of goodwill (unless there is some value in the arisings - firewood, fruit, useful for turning etc)

[geoff]

That would work around here!

 

My wife sent one of those "take action now!" Emails to our local councillor last winter when it was proper cold, about what they did to help the homeless under such circumstances.

That evening he was knocking on our door to explain that they'd put the single homeless guy in a B&B for the night and they'd send a social worker out next day to help him make up with his mum...

 

You might find that mum in this case wont vote for the local councillor ever again!

[felixthelogchopper]

Or you could get your vote hungry elected official involved, there is nothing they wont stoop to for half a chance of another vote.

 

Harsh but fair.

[woodyguy]

I'm surprised at the answers to this. If anything overhangs my garden then I can cut it back to the boundary because it shouldn't be there. The arisings are the tree owners property.

 

Certainly in the case of the path, if the branches were stopping me using this path then I would be within my rights to cut them off. Clearing it so that it meets an imposed 2.5m high clearance is less clear cut but surely under the same rules it would be legal?

[Gary Prentice]

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?

 

Not if it's in a conservation area or protected by a TPO.

[Kev Stephenson]

One glaring omission from the advice above. Whosoever does the cutting, the arisings remain the property of the landowner on whose ground the tree grows, so it should be placed, so far as reasonable not to cause damage or further obstruction, back within the boundary of said landowner. In reality, with prior discussion / agreement of landowner, it would be reasonable to remove for the maintenance of goodwill (unless there is some value in the arisings - firewood, fruit, useful for turning etc)

 

The arisings should be offered to the owner, not dumped on their property. Could you really see yourself going to trim your customers side of a boundary conifer hedge belonging to the neighbour and just pouring the clippings over to the owners side since it's their hedge?

[AA Teccie (Paul)]

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?

 

Sorry if answered later in the thread.

 

Can they?...if you mean are they legally entitled to, then I think the answer is 'no' as they are not the neighbouring land owner.

 

If this is a public highway footpath, then the Highway Authority as the neighbour can either exercise their right to cut back to the boundary any encroachment OR serve a notice under Sect. 154 of Highways Act 1980 to force the owner to clear the obstruction and achieve unimpeded passage.

 

Believe it or not, as said previous Highways Officer, owners often don't use the footpaths around / abutting their land any may not be aware a problem existed...or at least that's what they often told me

 

Hope this helps..

Paul

[Bob Rolfe]

Or you could get your vote hungry elected official involved, there is nothing they wont stoop to for half a chance of another vote.

 

Best answer yet!

 

 

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[kevinjohnsonmbe]

The arisings should be offered to the owner, not dumped on their property. Could you really see yourself going to trim your customers side of a boundary conifer hedge belonging to the neighbour and just pouring the clippings over to the owners side since it's their hedge?

 

Read what I said, calm yourself down, have a cup of tea. You don't add anything of value with your comment.

[felixthelogchopper]

Read what I said, calm yourself down, have a cup of tea. You don't add anything of value with your comment.

 

Read what he said then take your own advice. I don't see anything there that deserves a snotty response like yours.