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Trees overhanging into neighbours garden

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  • Jennifer_Jane
    Jennifer_Jane Posts: 3,237 Forumite
    1,000 Posts Combo Breaker
    Just to note, that no-one can just dump branches back in your garden. That can be construed as fly-tipping. But they must offer you the branches back. You can refuse. Personally, I would negotiate with the housing association to say you are happy with them cutting back the branches, but since they will be doing that, clearly leaving ugly shorn trees on their side, you would like to negotiate the complete removal of the trees.


    The other thing is that whilst the housing association can do what they like on their side, they can also cut into the root which would kill the tree. They are not allowed to poison a tree, however.


    Trees are a darned nuisance, I think I'd take the opportunity to get rid of them as cheaply as possible, by negotiating with the housing association. Those brown, shorn trees, won't be enhancing their properties. And £1,000 to remove conifers? Sounds too expensive to me.
  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    And £1,000 to remove conifers? Sounds too expensive to me.

    Me too, cost me a grand to have 7 large conifers removed and the stumps ground out, so 1k for 2 is a bit OTT
    I am not a cat (But my friend is)
  • lisssa
    lisssa Posts: 197 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Hi that's interesting to know re cost - altho the price was from a friend of a friend so I had no reason to question it - and like I said they encouraged me to leave them be but they are massive - wish I could post photos to show them , to me they just look like massive trees rather than conifers!!
  • scaredlady
    scaredlady Posts: 132 Forumite
    Part of the Furniture Combo Breaker
    We live in the south east and had 3 large conifers and 1 old apple tree taken down for £300 the lot.
    One was grown from a seed from a cone-planted by OH zillions of years ago
    One was an old Christmas tree planted out by OH when he was a young boy, so zillions of years ago.
    One was planted zillions of years ago.
    Apple tree probably planted similar timescale.
    Trees all went in the shredder ,one neighbour had the logs from the guys, another neighbour had what came out of the shredder.
    We had sunlight in our garden for the first time in years.
    I had been trying to get them taken down for about 25years!!!!
    :j:j:j
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Just to note, that no-one can just dump branches back in your garden. That can be construed as fly-tipping. .
    You may be right, but I'm dubious.

    My neighbour's 9 year old frequently lobs his football over the fence. When I find it in the morning, I dump it back. Am I really flytipping? Should I stop?

    It's his ball that I return onto his (parents') land - just as the branches are the OP's branches being returned onto the OP's land.

    I'm genuinely unsure.
  • Dr._Shoe
    Dr._Shoe Posts: 563 Forumite
    Unless they are conifers, I am surprised the tree surgeon said the only options were remove or leave them be. That is not normally the case. Even if the height can't be reduced, the crown normally can be. What are they?
    The OP does say that they're conifers. Probably Cypress Leyland or Leylandii. You can cut the tops off these and they can be trimmed too. Some people use them for hedges.

    When branches overhang your property you have every right to prune or trim the branches or harvest any fruit. You do not have the right to pass the cost on to the tree's owner nor to do anything to the tree that would involve trespass.
  • Jennifer_Jane
    Jennifer_Jane Posts: 3,237 Forumite
    1,000 Posts Combo Breaker
    G_M wrote: »
    You may be right, but I'm dubious.

    My neighbour's 9 year old frequently lobs his football over the fence. When I find it in the morning, I dump it back. Am I really flytipping? Should I stop?

    It's his ball that I return onto his (parents') land - just as the branches are the OP's branches being returned onto the OP's land.

    I'm genuinely unsure.



    Well, I would think that the difference between throwing some child's ball back, and throwing branches which overhang your property, is that the ball has come over to you inadvertently (we can assume). The branches have grown over to your side. Apparently the reason for offering the branches back to the owner is historical: people would need them for heating their homes. You are supposed to return any fruit to the neighbour as well. It's not yours (I know this is hypothetical to you).


    Nowadays some people like the branches for fires, but others don't. In addition I would be angry if someone just tipped branches over my fence, and if that damaged the fence, or flowers or vegetables that I had growing, I would be very upset.


    I am not a lawyer, but I have recently been having discussions with my neighbours about this, so did some investigation online. You may well be right, and I am wrong. But why upset one's neighbour, it's so easy to just ask what they would like done with the branches.


    http://www.problemneighbours.co.uk/problems-with-neighbouring-trees-action-guide.html
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