Tree branches

RichardD1970

Lord_Baltimore wrote: »

Wait until the neighbour hangs out a line of washing then make a fire of the lopped branches...

Nice, things don't go your way so you start to think of childish ways to get revenge! :T

Lord_Baltimore

RichardD1970 wrote: »

Nice, things don't go your way so you start to think of childish ways to get revenge! :T

Oh pulease, it was clearly a tongue-in-cheek comment for the OP's benefit who will have been disappointed by our replies.

Don't you have some knitting to do or something?

paddedjohn

They must offer the branches back but I've never seen anything anywhere to say that you must accept them.

witchy1066

if its your tree ,I would have expected you to cut the branches so they don't intrude on my property, they have cut it for you , now you want them to take away the branches, really,

we have trees all around our property, twice a year we cut them to a manageable size both sides of the boundary, but then again we talk to our neighbours and always tell them in advance when we are cutting them

I think , life's to short to fall out over a few tree's, and at the end of the day they are our tree's , our responsibility

Guest101

Your spot on, you dont have to accept them. But depending on relations with the neighbours, you cannot simply return them either, as that could be considered fly tippig.

dodger1

in_need_ofhelp wrote: »

Ok we were obviously wrong.

Just doesn't seem right that you can stand on a shed and lean over to your neighbours garden and cut a tree and then through it all back for you to dispose of but if thats the law thats the law

I have no idea if it's the law but certainly seems reasonable. Having said that read this,

http://cestria.org/?TabId=415

Rov

The law says, that the tree is trespassing on your property (roots can trespass too), you can therefore legally cut them down up to the border of the properties. You then have to OFFER them back to the owner of the tree, but they don't need to accept them, in this situation it's the responsibility of the person who cut the tree down to dispose of them.

Simply throwing them over the fence is not acceptable and would constitute an offence in itself.

I've always though it was pretty simple and fair, I've no idea why people don't just talk to each other and sort it out amicably.

moneyistooshorttomention

See this is where I would wonder - ie as "innocent neighbour" just why I should dispose of branches that were nothing to do with me and shouldn't have intruded on my air space/underneath my ground space in the first place.

I think most of us know the law about being entitled to cut back branches in our airspace and roots in our earth space - but is there "chapter and verse" somewhere about whether the offending neighbour is entitled to expect us to dispose of their property for them (thus saving them the hassle and expense of dealing with their own property)?

I'd be annoyed enough at having to prevent someone else's property intruding on mine personally, without wondering how to dispose of said "other persons property" and would just chuck it back over the boundary myself and interpret that as being "I've offered them back". I've "offered" by physically putting said intruding branches onto offenders territory. What they make of my "offer" would then be up to them.

societys_child

but is there "chapter and verse" somewhere

According to the linked article it could cost you up to £50k and 12 months.

However, it is not advisable to just throw the material back over the fence, you could be prosecuted for fly tipping with penalties of up to £50,000 and/or 12mth imprisonment. It is advisable to ask the owner if they require the branches back but if they do not then it is your responsibility to dispose of them.

witchy1066

what is wrong with people , does no one talk to anyone any more ,
OP sort your trees and go apologise to your neighbour for letting them get out of control

what the law says is one thing , what the law does about it is another and to be quite honest and from a magistrate's point of view , if the branches "fell" over the fence while being cut ,well, who can prove otherwise

it would be a case of sue and counter sue , is it worth it , the owner of the tree's is responsible for their upkeep and making sure they do not intrude on neighbours property, something they didn't do ,
I doubt anyone would have much sympathy with them ,

unless they have evidence that the neighbours actually trespassed but it would be up to the OP to prove that was the case