Getting trees removed from back of my house

sirbrainy

sovereign wrote: »

My neighbours decided to cut my trees on my boundaries and then kindly left the the thick brances and roots in my garden for me to clear up and get rid of. I did say to them they were more than welcome to cut any overhanging branches that go onto their side but they decided to take the mick! I was not at home otherwise we would have had a real argument about it!! Grrrrrrrrrr Her argument was it was my tree so I should get rid of it. I had a real go at them this morning. Not very apologetic though. Very annoyed!! People just do not have any consideration. So I am putting them back in their garden.

They were correct in law. If you dump it back in their garden they would be entitled to pay to have it carted away then charge you/ sue you for the money.

They'd win.

Mojisola

sirbrainy wrote: »

They were correct in law. If you dump it back in their garden they would be entitled to pay to have it carted away then charge you/ sue you for the money..

They weren't. They are required to offer the trimmings to the owner. They are not allowed to dump them in the owner's garden.

However, they may have believed that they had to return the wood to you and it won't help to escalate the problem. There's usually plenty of people on Freegle/Freecycle who will take away wood.

Lotus-eater

sovereign wrote: »

My neighbours decided to cut my trees on my boundaries and then kindly left the the thick brances and roots in my garden for me to clear up and get rid of. I did say to them they were more than welcome to cut any overhanging branches that go onto their side but they decided to take the mick! I was not at home otherwise we would have had a real argument about it!! Grrrrrrrrrr Her argument was it was my tree so I should get rid of it. I had a real go at them this morning. Not very apologetic though. Very annoyed!! People just do not have any consideration. So I am putting them back in their garden.

Honestly, this is what people get upset with their neighbours about? I'm glad I don't live next to you!

sirbrainy

Mojisola wrote: »

They weren't. They are required to offer the trimmings to the owner. They are not allowed to dump them in the owner's garden.

However, they may have believed that they had to return the wood to you and it won't help to escalate the problem. There's usually plenty of people on Freegle/Freecycle who will take away wood.

Of course they are allowed to dump them in the OP's garden. That's the law.

I bet if you ask the OP, they probably left them in a neat pile, not just randomly scattered about.

They were simply following what is strictly required by law.

Yes - most people who lop off branches have a friendly word with the neighbour and ascertain that neighbour would be happy for the branches to be disposed of - and cart them away, happy to have got rid of the 'trespassing' branches.

It's extra work for the neighbour who lopped them off - work he doesn't have to do in law - but he does it to preserve the peace.

But if, for example, you are unable or unwilling to discuss the lopping with your neighbour and just go ahead (as is your right), then you MUST dump the bits in the neighbour's garden or risk being accused of theft.

Mojisola

sirbrainy wrote: »

Of course they are allowed to dump them in the OP's garden. That's the law.

No, it isn't.

sirbrainy

Overhanging and Encroaching Trees
Under common law, a person may cut back any branch (or root) from a neighbour’s tree that overhangs or encroaches onto their property. In cutting back any overhanging branches (or encroaching roots) the following points must be observed.

• Do not trespass onto the land on which the trees are growing.

• Do not cut back branches or roots beyond the boundary in anticipation of them overhanging.

• Any branches, fruit or roots that are removed must be carefully returned to the tree owner unless they agree otherwise.

http://www.basingstoke.gov.uk/NR/rdonlyres/04DE9323-7E8E-41EE-AD22-5C05E8E36729/0/Leaflet3Pruninganeighbourstree.pdf

sirbrainy

Overhanging Branches

If the branches of a neighbour’s tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour’s property, as long as the tree is not under a tree preservation order. If it is, you’ll need to seek further clarification. However, the branches and any fruit on them which you may have cut down on your side still belong to the tree owner so they can ask you to return them.

Alternatively, you can return them and ask your neighbour to dispose of them themselves should you wish to do so.

http://www.problemneighbours.co.uk/rights-trees-and-overhanging-branches.html

RuthnJasper

It's largely to do with where the roots of the trees are growing from (I work in my county council's countryside service). If the trees are growing from council-owned land, you need to contact your local borough/city (NOT county) council. They will have an arboricultural officer, or environmental officer, who can help you (look on their website and search there for "trees").

Good luck with your situation. xx

sirbrainy

Mojisola wrote: »

If the neighbours cut your trees back to the boundary, by law they have to ask you if you want what they've cut off. If you don't, they have to get rid of it.

Well I guess we have seen 'official' evidence pointing both ways.

valk_scot

Agree about the "dumping" of wood. The wood belongs to the owner of the trees and if the neighbour who cut down the branches had disposed of the debris without permission they would be stealing. They are allowed to cut down any overhanging branches but not to keep them. If they don't want to deal with the disposal then they're entitled to return them to the owner. The owner of the tree is ultimately responsible for the disposal of the debris. If he dumps it back on his neighbours land that's the same as throwing any unwanted rubbish (think old mattresses, rusty bikes etc) into the neighbours garden. It's just not allowed.

On the positive side a brief post on the nearest freecycle site will bring out a flurry of responses from people who own woodburners and chainsaws and the wood will be gone in an afternoon.


To the OP...you can't cut down council owned trees, full stop. You can lop overhanging branches or complain to the council and get their tree surgeon to trim them. If you contact your own tree removal company they'll want to see proof of onership for trees off your land before they touch them, and they'll do a search for TPOs themselves. They can get fined too if they cut down trees willy nilly.