neighbours tree

[HCR]

Show me where it says that in law...........

 

Section 33 of the Environmental Protection Act 1990 would cover it nicely. If you dump the arisings over the fence it's fly-tipping.

[Kenty]

Thought I would join the topic.

My understanding is that you are entitled to prune back to boundary any branches encroaching your boundary, if located in conservation area or tree preservation order attached then intention of works or permission for works is required.

You do not need the tree owners permission to do so but in keeping with good neighbourly relations it is always best to discuss the proposed work.

The arisings should be offered back to the owner of the tree, if they do not want them then it is your responsibility to dispose of correctly.

The works must be in accordance with BS3998 & not be done in such a way that it causes the tree to become unsafe or cause irrepairable damage.

The tree owner also has a duty of care to manage the trees located within the boundary of their property so as not to cause a nuisance to other homeowners.

[HCR]

Thought I would join the topic.

My understanding is that you are entitled to prune back to boundary any branches encroaching your boundary, if located in conservation area or tree preservation order attached then intention of works or permission for works is required.

You do not need the tree owners permission to do so but in keeping with good neighbourly relations it is always best to discuss the proposed work.

The arisings should be offered back to the owner of the tree, if they do not want them then it is your responsibility to dispose of correctly.

The works must be in accordance with BS3998 & not be done in such a way that it causes the tree to become unsafe or cause irrepairable damage.

The tree owner also has a duty of care to manage the trees located within the boundary of their property so as not to cause a nuisance to other homeowners.

 

I'm note sure you'd have much luck enforcing BS3998 standard work.

 

Bear in mind that nuisance is used in the legal sense, and not just something that is a bit annoying. Blocking light etc is unlikely to meet that definition in most situations.

[geoff]

http://www.basingstoke.gov.uk/NR/rdonlyres/04DE9323-7E8E-41EE-AD22-5C05E8E36729/0/Leaflet3Pruninganeighbourstree.pdf

 

 

 

As said earlier, if you render the tree unsafe etc, the owner may have a case against you in court if they wish to pursue it.

[geoff]

Thought I would join the topic.

My understanding is that you are entitled to prune back to boundary any branches encroaching your boundary, if located in conservation area or tree preservation order attached then intention of works or permission for works is required.

You do not need the tree owners permission to do so but in keeping with good neighbourly relations it is always best to discuss the proposed work.

The arisings should be offered back to the owner of the tree, if they do not want them then it is your responsibility to dispose of correctly.

The works must be in accordance with BS3998 & not be done in such a way that it causes the tree to become unsafe or cause irrepairable damage.

The tree owner also has a duty of care to manage the trees located within the boundary of their property so as not to cause a nuisance to other homeowners.

Spot on.

[HCR]

http://www.basingstoke.gov.uk/NR/rdonlyres/04DE9323-7E8E-41EE-AD22-5C05E8E36729/0/Leaflet3Pruninganeighbourstree.pdf

 

 

 

As said earlier, if you render the tree unsafe etc, the owner may have a case against you in court if they wish to pursue it.

 

"Any branches, fruit or roots that are removed must be carefully returned to the tree owner unless they agree otherwise."

 

That's misleading - it is the responsibility of the person doing the work to dispose of the arisings. However, the tree owner is entitled to them if he wants them. It sounds like the same thing but there is a subtle difference.

[geoff]

"Any branches, fruit or roots that are removed must be carefully returned to the tree owner unless they agree otherwise."

 

That's misleading - it is the responsibility of the person doing the work to dispose of the arisings. However, the tree owner is entitled to them if he wants them. It sounds like the same thing but there is a subtle difference.

 

Yes, that section does sound misleading, after googling this seems to be a common point, in contradiction to some of the posts here, hence I posted the link to clarify.

 

Your common law rights are intended to allow you to carry out the minimum amount of work. If

you carry out extensive works which make the tree unsafe, the tree owner may have a case

against you for criminal damage. You should be especially careful if you are pruning roots. You

may wish to obtain qualified arboricultural advice before carrying out any work.

[armybloke]

Tree looks lovely as it is. Does upset me when people want to butcher a perfectly healthy tree because of;

Seeds

Leaf litter

Shade

Stops you from drying washing - really?? Thought the wind would do that not the tree!

Stops the children from enjoying the sun - really - do you not ever let them out of the garden?? There is probably a suitable park/beach/river/open space near your home?

 

If that tree were TPO'd and you had made an application for those reasons you would have had a very negative reply!

Let's put this into perspective shall we;

 

Seeds - fair enough the average Birch will distribute 5,900,000 seeds per kilogram of seeds during a period lasting probably, and no more, 30 days. You still have 335 seed free days a year. Replant with a Sweet Chestnut and you'd only get 250 seeds per kilo and you could eat them at Christmas.

 

Leaf litter - the tree will generally shed its leaves around September/October time over a period of about 40 to 50 days and not all at once. Bearing in mind the leaves are quite small in comparison with a Horse Chestnut for example you are very lucky. The leaf litter acts as a renutrifying agent in the soil of your beautiful garden and saves you money with having to buy compost or grass enhancing mix. Also worms will be attracted to the garden and therefore aerating the soil reducing the risk of hydrology imbalance and flooding. Leaves will also remove the impurities in the atmosphere providing cleaner air for your children to breath. They also balance the thermal properties of the surrounding structures and regulate humidity keeping you and your family cool in the sunshine that causes cancer, dehydrates you and can kill in extreme conditions (we had extreme water so how about extreme hot like the Australians experienced this year?) Dappled shade of Brich v complete darkness under a Beech?

 

Shade from the sun your children are deprived of - lets be honest how many days sun do we get a year? For those infrequent days it is with us wouldn't it be more appropriate to take your children out of the garden and to the beach or somewhere equally tranquil to enjoy the pleasures of this fine country? Also the shade is transient, that big orange balloon that occasionally appears in the sky stays still but our little planet spins around it at approximately 1037.5646 mph (at the equator) and so the tree casts shade across different parts of your property. Move your deckchair to meet the sun?

 

Other elements you have not suggested;

Oxygen - the tree is providing you with much needed oxygen reserves. A fully grown Beech will sustain a population of only 10 people for one year.

Water - the average mature tree drinks 17000 litres a year - your garden is going to get soggy!

 

So in essence, that tree has probably been there before the estate was built or not long after. You moved in knowing the tree was present and did not take steps (like find another house south facing with no trees in view) and therefore taking it out on a poor defenseless tree is a crying shame!

 

Have another think about it!

[treequip]

Section 33 of the Environmental Protection Act 1990 would cover it nicely. If you dump the arisings over the fence it's fly-tipping.

 

It cant be fly tipping if the material originates from that land

[treequip]

Look it up it is the law.

 

 

Sent from my iPhone using Arbtalk mobile app

 

The law actually says that the arising's belong to the owner of the tree, if you take them its called theft.

 

Some will say returning the arising's could amount to fly tipping but since the material originates from that property you are merely returning the owners property. You should take reasonable care to do no damage while returning them.

 

There is certainly no law that says you cant return the arising's to the owner but there is a law that says the arising's belong to them.