Barti

He still is of the view that it’s a jointly owned tree and we both have to agree to everything….

I don’t really understand why I should pay to prove something which based on the facts is in my garden

Thanks all

If someone can categorically say it’s mine , he will accept that. We’ve both had different tree surgeons out who naturally don’t want to give a firm opinion as they wouldn’t want to get drawn into a dispute .

That is my opinion too. He argues that the base starts his side so therefore it belongs to him or at most it’s 50:50. If I cut the left one and it the right one is now imbalanced and is a hazard then what ? Is it my problem as it’s his side?

Is there someone who can prove it ? Is A surveyor the right place to go next? The trunk on the right starts in their garden. what if for example I decided I wanted a new a fence , can I say the tree is in the way?

Thoughts ?

That’s interesting, similar situation. if I’m not allowed to cut it down it’s absolutely bizarre - in theory a neighbours tree trunk could grow in your property at 45 degrees and ruin your garden. You could even plant multiple trees on a boundary at an angle over a fence and no one could do anything about it the trunks as they grow into your property apart from cut branches off. for context the tree and fence situation is the result of previous owners on both sides of the fence , neither of us have been here long.

I guess my point is he’s arguing it’s a jointly owned boundary tree , which perhaps one trunk is but the other trunk I want gone - would still have a massive impact on my garden.

is there anything in writing online that states you can cut an overhanging tree trunk? Everything just talks about branches and roots

So if a tree trunk is overhanging you are allowed to cut even it by definition you are going to kill the tree?

So my neighbour believes because the tree effectively started his side , it belongs to him- he said I can cut any overhanging branch off as long is it doesn’t kill the overall tree. My argument is the whole bloody trunk is my side ,in my property. As it’s a two trunk tree, I guess potentially if I cut the trunk on my side down it it could effect the second trunk , unbalance it or even kill it . But is that my problem?

I believe they are party boundaries, not really clear. If a trunk of a tree grows into your property can’t you cut it ? When does a trunk become a branch ? The whole tree is overhanging.

I think it is a sycamore yeah , around 7/8 metres

Yeah it’s near my house, in falling distance. It’s nowhere near my neighbours house. It also blocks light from about 1- 5 for half the garden.