We cut our neighbour's tree with permission a couple of month's ago as it was hanging over into our garden. There is another part of the tree growing into our view at the back which has grown effectively over onto Council land. Can we cut this because it is in our view looking out on to the back as long as don't go on to their side of their view?
2006-07-12 20:04:40 · 20 answers · asked by Jess 1 in Home & Garden ➔ Garden & Landscape
This is from a web site. answers regarding overhanging trees are on this page www.gardenlaw.co.uk/trees.html
A tree or shrub belongs to the owner of the land on which it grows even if its branches or roots go over or under adjoining land. This includes the branches and the fruit of any tree or shrub. This even applies to windfall apples etc. The Theft Act 1968 makes it a criminal offence to take wild flowers, fruit and foliage from any plant if it is sold for commercial gain. However, falling leaves and fruit still belong to the owner of the tree or shrub, the law does not require the owner to come and sweep up the leaves or pick up the fruit. Having said that if falling leaves block a gutter, which results in water damage, the owner of the tree could be sued for damage.
You are not allowed to go onto your neighbours land or to lean over it to cut your hedge. You need the permission of your neighbour. The same is true about going onto your neighbours land to pick up windfalls or trim back branches.
Over Hanging Branches
Branches that grow so as to overhang your neighbours' land are trespassing on his air space. The neighbour can chop the branches back to the boundary but he has to return the lopped branches to the owner of the tree together with any fruit that might have been on them. If he lops beyond his boundary then it is a trespass. It is always best to ask your neighbour first although you do not need his permission to lop overhanging branches so long as they are returned.
You could sue the owner of the tree or shrubs for trespass; nuisance and/or negligence (in this case if they become dangerous).
2006-07-12 20:34:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Common Law in the UK will allow you to remove any part of a tree or shrub that is over hanging your property.
You do not require the permission of your neighbour to do this.
The CL allows you to remove those branches that overhang your property only to the dividing lining between both properties. It does not permit you to lean over and cut it beond that line.
The removed branches remain the property of your neighbour and should be offered back to your neighbour. Do not just chuck them over the fence.
However, for neighbourly harmony, it is best to mutually discuss the problem, explaining the course of action you are going to take.
If your neighbour is a reasonable sort, open to discussion, then you both can arrive at a solution that is mutually acceptable.
Also for the tree`s benefit it would be advisable to have it properly pruned by a reputable "Arboricultural Association Approved" firm [www.trees.org.uk] of tree surgeons. Done properly, the tree will not become lopsided, unbalanced. The cost could be shared between you an dthe neighbour
You have a moral right to enjoy the amenity of your property and that includes the air-space above it - you actually own that air-space. If trees in neighbouring properties are spoiling your view without posing a physical threat to your property then you do not have that right.
The "Arboricultural Association" will provide more detailed advice in the entire matter.
Further, your Local Authority employs a "Tree Officer", his job is to ensure that all trees in his jurisdiction remain in a Healthy & Safe condition. Give him a call. For further free advice.
Remember you do not require your neighbours permission to remove branches hanging over your property. No matter what others on this site say.
Get it done right.
Another web page that you might find highly beneficial is:
www.naturenet.net follow the links to Tree Law
Good Luck
2006-07-13 00:13:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If this is the same tree that's in your neighbours garden, then as long as you ask, you have the right to chop the branches, as long as you don't leave the branches on the councils bit of land, else their be slapping you with a fly tipping fine.
2006-07-12 20:13:40 · answer #3 · answered by trackie1 4 · 0⤊ 0⤋
I'm not sure what you mean by council land, but if the tree has its roots in someone Else's property, you should discuss the matter with them before proceeding.
2006-07-12 20:11:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You should ask your neighbor's permission first. I don't see any reason why you can't cut the part of the tree as long as your neighbor OK'd it. The government or Electric company don't even bother to ask when it is time to trim your tree.
2006-07-12 20:34:38 · answer #5 · answered by FILO 6 · 0⤊ 0⤋
Contact your local council and they will come out and look at it. If it is possible for it to be cut they will do it for free. I have just had one cut as it over hung into my garden
2006-07-12 20:26:44 · answer #6 · answered by CrayzeeKat 3 · 0⤊ 0⤋
i do not recognize what the guidelines are in Australia, yet i imagine someone ought to in basic terms decrease what hangs on their belongings. I once had a neighbor who complained because MY go away from MY tree were blowing in HER backyard! She needed me to rake her backyard! Yeah, excellent! I surely haven't any administration over which way the wind blows!
2016-10-14 10:16:42 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Ask for permission as the first time. Since it isn't over your property line you co not have a right too.
2006-07-12 20:09:43 · answer #8 · answered by ric_ozz 3 · 0⤊ 0⤋
No. The tree itself belongs to your neighbor as it originates on his land.
2006-07-12 20:11:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Whoever is the person that is on the council is, should also be informed. That protects you legally. If nobody cares do it.
2006-07-12 20:12:38 · answer #10 · answered by subsailor 2 · 0⤊ 0⤋