Getting trees removed from back of my house

Mojisola

https://www.woking.gov.uk/planning/trees/advice/treesproperty#my_neighbours_trees_encroach_over_my_boundary_can_i_cut_them_back

"You should not dispose of the branches or any other waste material from the tree over your fence into your neighbour's garden, but first ask your neighbour if they wish to have the material returned to them. If they do not want it, it will be your responsibility to dispose of it."

mttylad

Sirbrainy, you are wrong in what you say.

Can you quote a law that says they MUST be "dumped" on the owners land? I doubt it.

If you read the information from Basingsoke council it clearly says "unless they agree otherwise" indicating that they must be asked
if they want them first I.E. offer them.

By dumping cuttings on your neighbours land you leave yourself open to prosecution for illegal dumping.

They must be offered only.

sirbrainy

I have seen 'official' advice that says both things, you only have to look at my references and Mojisola's (all from councils) to see the contradiction.

Moji I'd better delete that wayward post :cool::D:cool::D

mttylad

http://www.leeds.gov.uk/fol/trees_law.html

Councils re always contradicting themselves and getting the law wrong.

AFAIK The requirement to offer back the cuttings is common law and through several cases.

non-trespasser

The idea that you can return trimmings and other arisings to your neighbour without his consent or indeed that you must do so, is patently wrong. It is yet another wrong-headed notion that has been spread across the web by barrack-room lawyers.

The law of trespass applies. Trespass is not just going on to someone's land without their consent. Directly interfering with someone's land is a trespass. Returning arisings in such a way as to cause damage or serious inconvenience will certainly be actionable. Surely no one can believe that the law allows you to scatter clippings across your neighbour's lawn or flowerbeds or throw branches over the fence. The law does not allow you to leave neatly bagged clippings on your neighbour's front door step either, though the court would I am sure frown on anyone who sued for a single instance.

Is it theft if you dispose of arisings without consent? Up and down the country thousands trim their neighbours' hedges and dispose of the cuttings with the rest of their garden waste. They do not think to ask the neighbours' consent to do so. Does anyone seriously think that the police, let alone the CPS, would take an interest? Depending on the tree, I suppose large branches may have some value as timber or firewood, but again I suspect none of the powers-that-be would be interested. Intent is a necessary ingredient of most crimes. I suspect any court would hold that there could be no intent when on any reasonable, if not strictly legal, view arisings are not generally thought of as belonging to anyone any more than leaves that fall off in autumn. Fruit laden branches should be regarded differently.

It is unwise to rely on local authority sites for correct statements of the law - the fact that clearly contradictory statements are made on different sites confirms it.