Is he nuts?

Question

Our old walnut tree finally gave up the ghost and I had it cut down but it fell backwards over the fence into the nrighbours garden. I said it was now legally his but he says he is entitled to toss it back over the fence. I say yes, if it was an overhanging branch he cut from a tree in my garden but the old walnut tree is not in my garden it's in his garden. It's a fine but potentially expensive point of law. Any cheap Y answers?

Answer 1

Just get a chainsaw and cut the tree up for firewood and get it over with. All it will cost you is a weekend and I'll bet you can even get your neighbor to help you.

Why everyone wants to go to court instead of solving problems directly I'll never understand.

Answer 2

Sorry mate - it's your tree that has caused damage to his property. He is more than entitled to return it to you AND charge you for any damage it caused when it fell in his garden.

Incidentally, Walnut trees are a protected species and therefore you needed to have permission to cut it down, even though it was old and no longer fruiting. Your neighbour could also report you for this.

If I was you, I'd cut your loses and negotiate with him about how you both will dispose of it (if you appear to be negotiating and being reasonable, then perhaps he won't check out his rights and you end up with a big legal metaphorical slap).

Sorry it isn't the happy answer you were probably hoping for, but it is the legal one.

Answer 3

Wrong! If a tree grows on your property, it is your tree. If this tree should grow to a point where it encumbers (hangs over) a neighboring property and becomes a nuisance or threat to damage property, that portion which overhangs the neighboring property may be cut or otherwise maintained by said neighbor. If you choose to cut, and it falls into neighbors property, be glad that he allows you to enter to clean it up rather than suing you!
Remove the tree and move on dont start a feud!

Answer 4

He is right, you still own the branches that overhang his garden. If the whole tree landed in his garden it would still be yours as it grew in your garden. Sorry

Answer 5

you started your sentace by claiming ownership of the tree

"Our old walnut tree"

Then you had it cut down, thus your workman placed it into his garden and therefore it is your property.

This may come down to a simple case of littering... It is your tree and you have dumped it into your neighbours garden (or at least your workman did). If your nighbour threw his rubbish into your garden you'd soon complain.

Answer 6

ANY TREE BRANCH THAT HANGS OVER A FENCE IS THE RESPONSIBILTY OF THE PERSON WHOS GARDEN IT IS.IN ALTHOUGH BRANCHES CAN BE CUT DOWN BY THE OTHER PARTY THEY MUST BE GIVEN BACK TO THE OWNER OF THE TREE.BIT COMPLICATED BUT LAW IS!!!!

Answer 7

No, he is not nuts. You are. Ask his permission to enter his property to remove your tree. Do it quickly and stop belly aching about it. If it were me, I'd cut the thing up and toss the logs through your front windows!

Answer 8

Put it this way - if you parked your unwanted car in his garden and said it was his, I feel you'd be taken to court and forced to pay price of removal / court costs.

Ditto tree. Move it.

Answer 9

So anything you throw over the fence automatically belongs to your neighbour huh? Sure glad I don't live next to you. Hope he sues your pants off.

Answer 10

If it happened to me, I would not only throw it back into your garden, I would see about getting an ASBO served on yourself.