if a tree overhangs your garden and the person whos tree it is refuses to trim it are you entitled to trim it?

Question

just the bit that over hangs in to our garden that is. it's this evil pine type tree that spews spines i wouldn't mind it otherwise.

i'm in england, and they are not next door but our gardens touch at the end, there's a big fence.

Answer 1

Simple answer - yes.

You are well within your rights to cut/chop the part down which hangs over into your garden if, however, it is not over 75 years old. If it is over this age you will have to get in touch with your local council. The age of the tree may be different in your area, but in Bradford it is 75 yrs (also costs £200 as I had this done myself not long ago). Certain varieties of trees you can also demand the owner to remove completely, such as Lallandai (sorry about spelling). Court case are fought over this type of tree!

Answer 2

In the UK you are entitled to trim back the offending tree or bush BUT you should ask the person who's tree/bush it is if they want the trimmings back as it is legally there property.

But you can only trim to parallel with the common boundary and NOT over the other side.

You also have the law of ANCIENT LIGHT if it is blocking light entering you property then you can claim compensation for it.

If it poses a danger you can also ask you local council to intervene on the grounds of safety.

Answer 3

Well, my roommate's parents had a similar problem with some new neighbors. they have a little ditch/rut thing(forget the technicalo name for it) that acts as the property line. With their pervious neighbor they had allowed them to extend their fence into their property so they could give their dog more room. When they left, the fence was still set up.

So the new neighbors took it upon themselves to assume that the fence was the property line. The stapled wireless fencing wire to the fence on my friend's side of the property line. His father went to them and explained the situation, but they refused to see his point. He left and returned with a copy of the surveyer's chart (also forget technical name) that showed exactly where the property lilne was and asked them to remove the wire and build their own fence on their side of the rut. The man refused, saying that they had just paid a lot of money to rebuild this fence.

So my friend's dad thanked them for fixing his fence, ripped the wire off of said fence, and later returned with a chainsaw and cut the section of fence that ran over the property line.

And there wasn't a thing the man could do about it.

So if your neighbor doesn't want to move the tree and he refuses to trim it, your have every right to cut everything on your side of the line, smile, and wish him good day.

Answer 4

I have heard that if a tree limb is hanging over into your yard that you are free to trim it but personally, before I would do that, I would thumb through the phone book and make a quick call to an attorney's office and ask. Most attorney's I have found will come to the phone for a quick question and answer session if you advise the receptionist that you just have a quick question to ask the attorney.

Answer 5

If it's over your side of the property line, you can do as you wish. You don't want to make any enemies next door though, so politely inform the neighbor who owns the plant why the overhang is a problem, and that if he/she does not wish to trim it back, that you will (only far enough back to meet the fence line, of course).

Answer 6

You can cut back anything that overhangs your garden but the parts you cut are the property of the tree owner, so chuck them back over the fence!( it's true, we've been there with 60ft Conifers,& the help of the local MP!)

Answer 7

They legally don't have to trim the bits that hang over your garden, but get this, if you cut off the overhanging branches, you're supposed to give them back!

Answer 8

I don't know which country you're in, in Scotland or the States it may be different; but in England you are entitled to cut off the bits that are hanging over the boundary. But they remain the property of your neighbour so bag them up and return them if he asks for them. (Seriously!)
If it were a fruit tree you'd be able to pick the fruit from branches that overhangyour boundary too.

Answer 9

Yes you can trim back the tree level with your boundary, and you can dump the branches in your neighbours garden.

Answer 10

Check your local bylaws. Where I live, in a case like you described, I would indeed be able to cut off the offending branch. But only the part that's hanging over my yard.