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Tree at the end of my garden
jc808
Posts: 1,756 Forumite
I have a tree at the end of my north facing garden.
My old boy neighbour (Who is side attached, also with a NF garden) has moaned that the branches are a nuisance (they overhang his land slightly) and that the shade caused makes nothing grow there in his garden (The tree is in the end corner of my garden, and the problem area in his is also in his end corner)
I have agreed, as a goodwill gesture to come and lop any branches I can easily reach with a stepladder, and remove the material.
I said id do this 5 months ago, but new job and other stuff has got in the way.
I am going to do it now in the next three weeks (I have a week off after that, so can definitely do it then - its my 'getting loads of crap jobs done week' as I cant afford to go away this year, due to my new house)
What is the legal position here? Am I obliged to do this? Im happy enough to do it once, just wanted to know position pls.
Thnakyou
My old boy neighbour (Who is side attached, also with a NF garden) has moaned that the branches are a nuisance (they overhang his land slightly) and that the shade caused makes nothing grow there in his garden (The tree is in the end corner of my garden, and the problem area in his is also in his end corner)
I have agreed, as a goodwill gesture to come and lop any branches I can easily reach with a stepladder, and remove the material.
I said id do this 5 months ago, but new job and other stuff has got in the way.
I am going to do it now in the next three weeks (I have a week off after that, so can definitely do it then - its my 'getting loads of crap jobs done week' as I cant afford to go away this year, due to my new house)
What is the legal position here? Am I obliged to do this? Im happy enough to do it once, just wanted to know position pls.
Thnakyou
0
Comments
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As far as I am aware the only obligation is actually on his part and that is to offer to return to you anything that he cuts off the tree that is overhanging his property.
Cutting back the shade causing branches will not solve your neighbours problem of nothing growing, the roots from the tree will be sucking all the moisture from the soil in that area as well so he would need to dig them out to have a real chance of growing anything there.0 -
Surely if it's north facing and the tree is at the end, then the tree is north of your properties, therefore it is your housing making it hard to grow stuff not the tree.
However, as had already been said, he is allowed to cut anything over hanging himselfZebras rock0 -
He can cut off any overhanging branches himself.
However in the interests of neighbourly relations, and since he is old, trimming/cutting back your tree is wise.
Having offered to do it, waiting 5 months (unless you told him of the delay) could potentially have annoyed him (though as said, you are under no legal obligation).
As for "..lop any branches I can easily reach with a stepladder,..." this does not seem very helpful/neighbourly.
Surely it is the height that is the problem, so far better to pay a tree contractor and reduce the height. This will also help longer term as trimming a few low branches will be temporary - you'll be doing it every year.
Looking after a tree is like looking after the roof etc.... part of home-ownership. Though, as with the roof, if you choose you can just ignore it and leave the the moss, broken/slipped tiles etc if you wish.0 -
I have a tree at the end of my north facing garden.
My old boy neighbour (Who is side attached, also with a NF garden) has moaned that the branches are a nuisance (they overhang his land slightly) and that the shade caused makes nothing grow there in his garden (The tree is in the end corner of my garden, and the problem area in his is also in his end corner)
I have agreed, as a goodwill gesture to come and lop any branches I can easily reach with a stepladder, and remove the material.
I said id do this 5 months ago, but new job and other stuff has got in the way.
I am going to do it now in the next three weeks (I have a week off after that, so can definitely do it then - its my 'getting loads of crap jobs done week' as I cant afford to go away this year, due to my new house)
What is the legal position here? Am I obliged to do this? Im happy enough to do it once, just wanted to know position pls.
Thnakyou
You're not obliged to do this but if you're going to now is about the perfect time for pruning I believe.0 -
Hi
This most likely won't be an issue, but it might be an idea to check that there isn't a tree preservation order.
In my part of the world it seams that most large trees are protected. We had some field maples brushing against the roof of our house and had to get permission from the local council before we could have them trimmed. We also had a dead horse chestnut tree that was pretty much falling over and the tree surgeon would not touch it until the council said ok.0 -
Get the whole tree chopped down completely, if you can.
It will only cause you problems in the future.
(eg someone decides to put a TPO on it, roots get into sewers/drains, causes concern to prospective buyers etc).0 -
boll0cks cant be bothered now ill just leave it0
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I've been trying for years to persuade my local councillor of this approach.Cautious_Optimist wrote: »Get the whole tree chopped down completely, if you can.
It will only cause you problems in the future.
(eg someone decides to put a TPO on it, roots get into sewers/drains, causes concern to prospective buyers etc).
But he's surprisingly reluctant to get the council's Parks and Open Spaces dept to take this up.0
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