Tree branch fallen into neighbouring garden

dandy-candy

We got a call from neighbour of my deceased FIL. Last nights storm brought down a branch of the silver birch in FIL garden onto their front garden. It is a big limb.
When we arrived it was dark but it looks like a boundary tree or if its in FIL garden it is by 2 inches. The branch was one growing on their side of the tree.
What I'm wondering is who is meant to pay for its removal? If its a boundary tree I assume either they do because its on the half of the tree or we split costs. If it is in FIL garden then who was supposed to be keeping it trimmed all these years, as you could only trim it by standing in the neighbours garden which would be trespassing?
I can't really find anything relevant and uk law based on the web, anyone know? The house is still in probate btw.

Elsewhere

I think that unless they'd already expressed concern previously that the tree was dangerous and needed pruning they haven't any way of forcing you to deal with the broken branch in their garden, any more than they could force you to sweep up leaves from your tree that have fallen in their garden.

If it is yours it would be neighbourly to go around and deal with it I'd think - we have a lot of trees in our garden and that's what we've done in the past. If you are lucky and the neighbout has a chainsaw and a fireplace they may be very happy to deal with it themselves if they can keep the wood!

Or you could go through the house insurance for the money - or at least for advice - I am sure they know exactly what the legal situation is in such cases.

dandy-candy

Thanks for reply, I've been around again just now to see it in daylight and I would say it is either boundary or 3-4 inches more on their side. I can't understand how they could have looked at it and decided it was in FILs garden!

moneyistooshorttomention

Do you know who it was that originally planted the tree?

I would say the original "planter" is responsible. If the neighbour planted it in the first place then its down to them. If FIL planted it, then its down to him (ie his estate).

May or may not be the legal position, but its the commonsense position.

theoretica

It will also depend on the land deeds - the property boundary does not always go right down the middle of the fence. A branch of silver birch should be fairly easy to deal with, or are the neighbours complaining about whatever it landed on? It might be worth looking cautiously at the tree to check the rest of it looks sound.

Davesnave

Pay for removal? :eek:

Get a £5 saw from B&Q, go around and cut it up!

It will only take half an hour, unless it's a very large silver birch.

Quentin

moneyistooshorttomention wrote: »

Do you know who it was that originally planted the tree?

I would say the original "planter" is responsible. If the neighbour planted it in the first place then its down to them. If FIL planted it, then its down to him (ie his estate).

May or may not be the legal position,.........

The legal situation is that unless the neighbour can prove negligence then it's down to him or his insurers to pay for any costs this has caused.

cyclonebri1

Quentin wrote: »

The legal situation is that unless the neighbour can prove negligence then it's down to him or his insurers to pay for any costs this has caused.

Keep away from the legal stuff.
It's a Silver Birch, innocuous to be honest, but they do have branches.

The cost seems zilch + a few hours labour, what's the issue?.

Talk to the neighbours not us cyber fools

unlucky67

Sorry I know late to the question but maybe help someone in the future ...
Unless the neighbours are complaining about damage...
just advertise it as free firewood on Freegle/Freecycle/Gumtree - obviously say they will need to cut it up and transported it...but I bet you will get some willing woodburner owning takers ...

googler

Davesnave wrote: »

Pay for removal? Get a £5 saw from B&Q, go around and cut it up! It will only take half an hour, unless it's a very large silver birch.

This.

Or, as was also suggested, free cycle it as firewood, or just put up a sign in the garden 'free firewood' ....