Tree over hanging neighbours land

tiggerbodhi

Hi,
Have a tree that has grown and spread over into my neighbours property, I know they are allowed to cut it back to the boundary, no problem there, but the branches are nearly touching the overhead cable that feeds the electricity to their house, as eventually the branches will touch the cable is it my responsibility to cut them back away from the cable or is it theirs?

Thanks!!

evoke

It's your tree! You are responsible for it. You need to get it trimmed.

cyclonebri1

If the boot was on the other foot you wouldn't want the expense of having to trim your neighbours tree would you.

In the interest of good neighbourly relations, it is your responsibility to get it sorted, I don't think you really needed to ask, you should know.

keystone

Trim it yourself otherwise you'll be looking at a complaint from the electric company which might result in you getting a bill from them trmming it. Alternatively leave it be and get yourself either a fried tree or angry neighbours because you've knocked out the supply to the whole area. Ask your neighbour for access first though.

Had a similar problem with BT who moaned about my tree impeding their dropwires to three houses. When asked why they had rerouted their dropwires through my tree when replacing a telegraph pole (in a different location to the original) and failing to realise that the tree would have the temerity to grow they backed off! Electricity supply cables are a different matter though.

Cheers

Al1x

I'd say it was your responsibility as well.

tiggerbodhi

Great Bar Room lawyer opinions, but does anyone know the facts, I know if my Tree in good condition blows down and flattens his shed, my insurance doesn't pay out, he would have to claim on his own.
At present I am thinking it is mine to deal with, but in the meantime if they get it done and post the bill to me am I liable?

Biggles

You will get best advice on www.gardenlaw.co.uk.

For what it's worth, it's normally the neighbour's responsibility to trim branches overhanging their land.

As regards the power line, in the gardens around here, the electricity supply company comes if tree branches are likely to interfere with it, they have the proper equipment to deal with stuff at that height - you probably don't have a cherry-picker in your shed. Oh, and they don't charge for that.

martinsurrey

tiggerbodhi wrote: »

Great Bar Room lawyer opinions, but does anyone know the facts, I know if my Tree in good condition blows down and flattens his shed, my insurance doesn't pay out, he would have to claim on his own.
At present I am thinking it is mine to deal with, but in the meantime if they get it done and post the bill to me am I liable?

the tree blowing down and damaging something is not predictable, so not your fault (as long as the tree is healthy).

your tree growing up to and damaging overhead cables is visable and entirely predictable, so your fault if you do nothing about it.

keystone

tiggerbodhi wrote: »

Great Bar Room lawyer opinions, but does anyone know the facts,

Thats a great attitude to take isn't it?

At present I am thinking it is mine to deal with, but in the meantime if they get it done and post the bill to me am I liable?

If "they" is your neighbour then no you have no legal obligation to settle the neighbours bill should they chose to employ someone to do it. If "they" is the electric company I have no idea but I think its wise that either you or your neighbour deal with it before it fouls the cables.

Biggles wrote: »

For what it's worth, it's normally the neighbour's responsibility to trim branches overhanging their land.

No not so at all and that is not the advice you will get on gardenlaw either. The neighbour has the right to cut back but that is not the same as responsibility. If they chose to do so then they should offer (that is not dump over the fence) the arisings to the owner - in this case the OP. If the owner declines to accept their property back then it is the neioghbours responsbility to dispose of the arisings appropriately. In terms of responsibility then if the neighbour asks the OP to cut it back himself then the OP should comply with that request in the interetsts of good neighbourliness but he doesn't have to.

As regards the power line, in the gardens around here, the electricity supply company comes if tree branches are likely to interfere with it, they have the proper equipment to deal with stuff at that height - you probably don't have a cherry-picker in your shed. Oh, and they don't charge for that.

Now that is useful information.

Cheers

cyclonebri1

tiggerbodhi wrote: »

Great Bar Room lawyer opinions, but does anyone know the facts, I know if my Tree in good condition blows down and flattens his shed, my insurance doesn't pay out, he would have to claim on his own.
At present I am thinking it is mine to deal with, but in the meantime if they get it done and post the bill to me am I liable?

So, if you don't want the answer, why ask??????????????????????

evoke

tiggerbodhi wrote: »

Great Bar Room lawyer opinions, but does anyone know the facts, I know if my Tree in good condition blows down and flattens his shed, my insurance doesn't pay out, he would have to claim on his own.
At present I am thinking it is mine to deal with, but in the meantime if they get it done and post the bill to me am I liable?

The facts are:

1. It's YOUR tree.

2. YOU have let in encroach into your neighbour's property by not maintaining it properly.

3. YOU know it has grown to such an extent that it could foul a power line supplying electricity to your neighbour.

And you're asking whose liable and responsible for maintaining YOUR tree so that it doesn't cause an electrical safety issue to your neighbour's property?