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[Help] Boundary issue with tree

AdventureRocks Posts: 183 Forumite

20 February 2016 at 3:48PM in House buying, renting & selling

Hi everyone,

This is the nearest board i could find to post this hope it is okay.

I would like to put a fence up on my side of the boundary of my home. The problem is a tree has grown with a large trunk which may be just on my side on the boundary or smack on in the middle.

What is the correct procedure to remove the tree? What is the worst that can happen to me if i removed the tree?

i can not talk to the neighbors about it as they are unreasonable.(They would not even say hello to me when i introduced myself):rotfl:

Hope someone can help

Comments

marliepanda Posts: 7,186 Forumite

20 February 2016 at 4:06PM

If its in the middle, then you can't just remove it, its half your and half your neighbours (and if they planted it, its theirs, clearly its not particularly clear where it is) You didn't plant it, so its 100% not yours.

You need to find out exactly where the boundary is. If necessary you may have to incorporate the tree into your fence.

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G_M Posts: 51,977 Forumite

20 February 2016 at 4:11PM

Is this a Conservation Area, or is there a Tree Preservation Order?

If yes to either quesion you cannot cut down the tree.

If the tree is not 100% yours, you cannot cut it down.

The best way forward, is the tea and cake approach.......

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G_M Posts: 51,977 Forumite

20 February 2016 at 4:12PM

AdventureRocks wrote: »

Hi everyone,

This is the nearest board i could find to post this hope it is okay.

Try

http://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=24&sid=9f0ad88b1fab353f5ae010fac09e41b6

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Davesnave Posts: 34,741 Forumite

20 February 2016 at 5:19PM edited 20 February 2016 at 5:21PM

Seems obvious to me that the fence simply needs to change/deviate in this section to accommodate the trunk, or is the tree the real problem here?

AdventureRocks wrote: »

What is the worst that can happen to me if i removed the tree?

It could fall on you and kill you. Happened to a solicitor where I used to live.

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G_M Posts: 51,977 Forumite

20 February 2016 at 5:23PM

Never employ a solicitor to do tree-work. It's not included in their training.

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DaftyDuck Posts: 4,609 Forumite

20 February 2016 at 7:00PM

Mind you, I'd employ any tree that could flatten a passing solicitor.

Reminds me of the 4th oldest joke.You are stuck in a room with a lion, a tiger and a solicitor, and have a gun with three bullets; what'd'ya do?

Shoot the solicitor three times, just to be sure...

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ManuelG Posts: 679 Forumite

20 February 2016 at 7:05PM

G_M wrote: »

Never employ a solicitor to do tree-work. It's not included in their training.

Since finding this board, I've picked up lots of invaluable advice.

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bildersfriend Posts: 40 Forumite

21 February 2016 at 10:55AM

This is very simple, if there is no conservation order on the tree, cut it down as clearly it will be over hanging on your land.

Just make sure you erect the fence astride the line of boundary.

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moneyistooshorttomention Posts: 17,940 Forumite

21 February 2016 at 10:59AM edited 21 February 2016 at 11:02AM

bildersfriend wrote: »

This is very simple, if there is no conservation order on the tree, cut it down as clearly it will be over hanging on your land.

Just make sure you erect the fence astride the line of boundary.

OP isn't allowed to do this unless its his tree. If the base of it is on the neighbours land, then its a reasonable assumption its the neighbours tree and OP is only allowed to remove that section of it that is on his land (and return the "trimmings" from doing so to the neighbour concerned).

I'm picturing a rather old tree with thick tree trunk and a substantial portion of said tree trunk being on OP's land - in which case that would mean the tree chopped right through the middle (leaving one half of the trunk on the neighbours land - but just removing the section on OP's land). Whether the tree would survive that much "trimming" is anyone's guess...

Personally I'd be inclined to build my fence right up to each side of the tree and leave a gap for the tree trunk - though it would be a worry as to whether that trunk would "expand" over the years and push at my fence.

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