Oak Tree on Boundary therefore 2 owners

[Adam M]

I was taught that ownership lies with wherever that acorn landed and started sprouting from and that shared ownership was almost non existent, if 90% of the tree is on your land it's most likely 100% yours

 

I was taught the same. I think the main problem is finding the true boundary.

[peatff]

I was taught that ownership lies with wherever that acorn landed and started sprouting from and that shared ownership was almost non existent, if 90% of the tree is on your land it's most likely 100% yours

 

Most likely it was completely on one side of the boundary till it reached a certain size and has encroached on the other property as it grew. Does the neighbour put any value on the tree or is it an inconvenience to them as well ?

[daltontrees]

I was taught that ownership lies with wherever that acorn landed and started sprouting from and that shared ownership was almost non existent, if 90% of the tree is on your land it's most likely 100% yours

 

That's absolutely right. All subsequent growth that crosses the boundary, be it stem, roots or branches, is an encroachment. In no way does part of the tree accrue in ownership to the neighbour once it is in his soil and airspace.

 

Knowing where the acorn landed may be literally impossible to tell. The stem may be asymmetric because of reaction to weather. If it's too close to call, you may have to arrive at a pragmatic view. If both would-be owners are happy to see it go and there are no statutory protections, go it may. If one resists, think again.

 

In theory by law you wold be entitled to saw the tree vertically right down it stem at the boundary, and take your 'half' away. This would inevitably kill the tree. But if it's the neighbour's, you are still within your rights because you are removing a trespass.

 

Building a raft over tree roots may avoid damaging them but will probably kill them anyway.

 

Paying for some advice at this stage frm someone who can see the whole tree in context, who can ask follow-up questions in real time and who knows the local council's position on such trees could save you a lot of grief and money in the long run. Here on the sofa it's interesting to speculate and good to try and help, but it's never going to be as good as 'paid' advice. Qualified, insured, expereineced written advice.

[arb culture]

I was taught that ownership lies with wherever that acorn landed and started sprouting from and that shared ownership was almost non existent, if 90% of the tree is on your land it's most likely 100% yours

 

I was taught that too, but Charles Mynors seems to have other ideas, and I don't think many of us are qualified to contradict him

[kev7937]

I was taught that too, but Charles Mynors seems to have other ideas, and I don't think many of us are qualified to contradict him

 

Well if he's not on here he don't count.

 

 

Who is he and whats he say?

[kev7937]

Oooh fancypants

 

Francis Taylor Building | Dr Charles Mynors

[FatherJack]

1. I would suggest that the boundary and ownership issues are sorted first.

2. If it is concluded that not yours, or shared ownership (??), or encroaching on neighbour, then speak to the other party to try to understand their view.

3. Then you can consider getting the arb expert in, consulting TO, planning etc.

[slim reaper]

Would the roots be severed when excavating the drainage runs?

[Gary Prentice]

Well if he's not on here he don't count.

 

 

Who is he and whats he say?

 

:laugh1:

[kevinjohnsonmbe]

:thumbup: