Neighbours large tree over hanging our house

thebigstillmeister

Hi,

Wonder if anyone can help,

We moved in to our property in Dec, and our neighbour has several very large trees.

They over hang the side of our garden, go over the side of our house and over the side of our front garden. It also reaches over our other neighbours house and over part of their garden.

I know we are able to trim hedges/trees etc if they come over your side of the fence, however these would require someone with proper machinery such as a cherry picker/chain saw etc,.. something a professional would need to do.

Does my neighbour have any responsibility to keep their trees maintained, ie I don't really want to spend 100's of pounds to trim a tree I don't actually own.

Thanks,

spadoosh

Providing there isnt a TPO (tree preservation order) anyone can cut down a tree.

If your not confident to do it you should probably get someone in.

They have no responsibility to maintain the tree, they will be liable should it cause damage.

Have you discussed the matter with your neighbour?

martinsurrey

spadoosh wrote: »

They have no responsibility to maintain the tree, they will be liable should it cause damage and it can be proven that they were negligent.

amended your point above.

If a freak storm blew over a healthy tree and damaged something, the owner would NOT be liable in any way.

If the tree was rotting and a branch fell through your conservatory, then they would be liable.

Jamiesmum

didn't you notice your neighbour had alot of trees before you bought the house?? You must have known it would be an issue at some point even if they did keep them trim on your side, would they require access to your gardens?

Have you been around and spoken to them to see if they will get it trimmed? That's probably the first step. Maybe they do it mid summer or something. You need to ask

thebigstillmeister

Hi,

thanks for the responses.

The neighbour with the tree actually has a very very large garden/house which is only accessible via a private drive quite a way away,.. their garden backs on to all our houses in my road, so we have never actually seen/spoken to this neighbour as yet.

We had a chat with our actual next door neighbour in our road who also has this tree over hanging and they were complaining it was touching their roof and they had alot of issues with squirrels in their loft. My wife mentioned that she was going to go and talk to this neighbour about the tree and she just laughed and said 'good luck'

They have been there 20 years, so have a feeling that may be a lost cause, however we will speak with them anyway.

Thanks,

ERICS_MUM

Don't pre-judge their reaction because that might put you in a defensive mood before you even ring their doorbell. Perhaps you and Your neighbour could pop round together, suggest that if they get a tree surgeon in to do the tree they'd be welcome to access it through your back gardens. Would you and neighbour be willing to pay toward the cost as the work would benefit you ? Perhaps the owner pays 50% and you & neighbour 25% each plus allowing access ?

thebigstillmeister

Jamiesmum wrote: »

didn't you notice your neighbour had alot of trees before you bought the house?? You must have known it would be an issue at some point even if they did keep them trim

Yes, obviously saw the trees and wouldn't not buy a house just because they have a tree, I live in Hampshire id never end up buying a house if that was my number one criteria

I am not complaining that the tree is there, its a lovely tree, just wanting to confirm if they had any requirement to maintain it before I do get the professionals in,

HiToAll

ERICS_MUM wrote: »

Don't pre-judge their reaction because that might put you in a defensive mood before you even ring their doorbell. Perhaps you and Your neighbour could pop round together, suggest that if they get a tree surgeon in to do the tree they'd be welcome to access it through your back gardens. Would you and neighbour be willing to pay toward the cost as the work would benefit you ? Perhaps the owner pays 50% and you & neighbour 25% each plus allowing access ?

what about the whole street descend on the neighbour,with pitchforks and banners.

spadoosh

thebigstillmeister wrote: »

Yes, obviously saw the trees and wouldn't not buy a house just because they have a tree, I live in Hampshire id never end up buying a house if that was my number one criteria

I am not complaining that the tree is there, its a lovely tree, just wanting to confirm if they had any requirement to maintain it before I do get the professionals in,

It might be maintained. Maintained as a naturally growing tree.

Speak to the neighbour first. Sounds like you want to go round and be prepared to say 'you have to do this and that' when in reality even if they did it wouldnt go down well.

Unfortunately its your problem, the neighbour will not be fussed by the tree and will likely be frustrated at having to put out.

I'd go along the lines of 'beautiful tree blah blah, bit big, blocking sunlight overhanging house, going to have to trim the bits that come over but dont want to make it look stupid, fancy going in with us to get someone to give it a good haircut all over.'

cyclonebri1

Ok, back to the chase;

If the NB's tree overhangs your garden you can prune it back to the boundary, but then have to offer the trimmings back to the "owner".
If they won't accept them you cannot just chuck them back over, it's your responsibility to dispose of them.

If their tree falls and causes damage regardless of what reason, then YOUR insurance would be expected to pick up the tag unless negligece/prior knowledge of issues could be proven, only if they didn't, or if they were not insured, would it become a civil case

Jamiesmum

thebigstillmeister wrote: »

Yes, obviously saw the trees and wouldn't not buy a house just because they have a tree, I live in Hampshire id never end up buying a house if that was my number one criteria

I am not complaining that the tree is there, its a lovely tree, just wanting to confirm if they had any requirement to maintain it before I do get the professionals in,

Since your last replies I'm now wondering if they purposely keep them for privacy if all the houses overlook their garden.

Still you just have to ask - and then be prepared to offer half OR offer their trimmings back and out of politeness make them aware of your plans for cutting them back.

I