Barti

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

On 05/06/2023 at 11:07, petercb said:

This.

 

Had a boundary query, not a dispute, Land registry sent surveyor out with GPS very accurate. All sorted no problem.

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

Thanks all

5 minutes ago, Jackalope said:

If you take a picture from the left looking parallel with the fence it'll look like the whole base of the near stem is on your side but now we're splitting hairs. 

 

As others have said, my interpretation would be that you're entitled to remove the stem from your property. Whether you can do it whilst maintaining civilities with your neighbor is a different matter.

 

 

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 . 

3 minutes ago, Jackalope said:

This really makes it look like the tree is predominantly on your side. Can't see he has any say in the existence of the left hand stem. Fair enough to be 50/50 on the other one. 

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?

16 minutes ago, openspaceman said:

This can get very messy but from the way the fence is built, with the back side toward you, I would say it's your fence and your tree.

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?

1 hour ago, Mick Dempsey said:

Got any other pictures, further back? give us some more context.

Thoughts ?

1 hour ago, Stere said:

May as well cut the stem yourside   at  the base imo as it would look more tidy.

 

 I think you can legally cut all but not 100% sure.....?

 

 

 

 

 

 

Saw a "funny" pic online  somewhere where a whole of  large diameter tree trunk had being cut down the middle removing about 1/3 of whole encroaching trunk from the base to he bottom of the crown, to fit a newly erected fence.

 

 

Was cut like this apart from the  tree was more vertical so still had a half  a top

 

 

 

As was not ring barked so chance the tree could possibly still survive yrs as a  hollow tree....

 

veteranisation.....?

 

 

 

But in your tree its  two seperate trunks right at ground lvl so it won't be so crazy as literally slicing in half a maiden tree trunk down the middle

 

 

 

 

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. 
 

58 minutes ago, Barti said:

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

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?

19 minutes ago, rapalaman said:

Whatever is growing over your side, you’re quite within your rights to cut off. I’d be going for about where I’ve marked on the pic.

anyrhing overhanging from the other trunk can be trimmed back to the boundary as well.

As squaredy says - wrong tree wrong place 👍

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. 

Evening all,

looking for a bit of advice and some pointers as to where to go next.

Summary -

At the rear of my garden we have a boundary tree. 
 

The tree has two trunks.

the fence has been built around the tree at some point, presumably the tree broke the fence in the past. 

the fence doesn’t line up as a result, the left side fence is further back than the right. Which means the boundary isn’t clear but we are taking about 30cms of depth, surely below any threshold for a surveyor, and has likely been there 20 years at least.

the left trunk is 95% in my garden, the right trunk is 50/50.
 

I wanted to cut the left one down but as a courtesy informed my neighbour in case it unbalanced the right trunk. He argued that the tree is his or at most 50/50 and is very passionate about not cutting any trees down.  

Ive cut all overhanging branches , so it just half a tree. 

how do I find out if I can or cannot cut the tree down? 

 
You are allowed to cut overhanging branches and roots , surely the whole tree is overhanging? Could I  in theory cut every branch down as they grow from my side of the fence? ; leaving a branchless pole.