Overhanging Tree branches

Nobleck

Does anybody know the law as to my rights on cutting back overhanging tree branches, also is there a height limit that a tree is allowed to grow if it was only planted a few years ago?

kwatt

I am not 100% on this, but 90% as my house has a lot of trees on the property and we have a lot that are in others gardens which grow into ours. When asked I was advised that anything that grows into your property can be cut away but that you cannot cut back anything on the other side of the fence as it were.

The laugh here is that although one or two of the neighbours have whinged about the overhanging branches we need permission from them to cut them back as we have to enter their property to do it. Now, that'd be fine except, apparently, if we start chopping away branches and one falls causing damage, we're liable for the damage.

I'll watch this one with interest.

K.

missile

You can prune any branches which overhang your property, but you ought to give your neighbour the prunings.

Best contact your local council, if you have a concern re tree height.

Toxteth_OGrady

You can download a Government leaflet "Over the Garden Hedge" here:

http://www.communities.gov.uk/index.asp?id=1505659

:cool:

TOG

economiser

You should ask the neighbours to cut the branches. I think it is only if they fail to do so within a reasonable time that you can take action yourself and of course you must offer them the offcuts.

cuffie

We have had this problem. We asked the neighbour to cut back the branches and she told us where to go! We sent a letter (not a nasty one) politely informing her that as we were getting nowhere, we were using this as written notice that if she did not cut back the branches then we would cut them ourselves and give her the branches back. She told us to do what we wanted and she didn't want the branches. So, we've cut them back. We disposed of the branches ourselves. Haven't heard a word from her yet. Its annoying, because these branches overhang our pathway and it doesn't affect her, but it affects our access, yet its us doing all the work.
It is actually "trespass". We mentioned this to our neighbour and she went nuts. I didn't argue with her. Its just not worth it.

This is an interesting link
http://www.gardenlaw.co.uk/trees.html
You need to scroll down a bit to get to the text.

Thanks for the other link Toxteth O'Grady. Might be useful for us.... x

Nobleck

So are there any height restrictions on newly planted trees ie not allowed to be above 3 meters etc?

missile

I think you will find there is no restriction on height, but there may be a local bye-law which applies. Worth a quick call to your "friendly" toon cooncil?