Neighbour from hell and fence

JHW1942

JustAnotherSaver said:

pulliptears said:

JustAnotherSaver said:

Interesting one.
So OP can't protect their property but neighbour is fine to hack away at OPs property? Seems a bit wrong. 

Two wrongs don't make a right.  OP cant screw things into the neighbours fence and the neighbour cant hack at OP's tree.  

I'm not saying they do, but how do you right the wrong?
OP can't screw in to the neighbours fence but neighbour has already damaged OPs property. My point is they shouldn't be allowed to get away with it just because oh well it's done now. There should be consequences if the neighbour refuses to put right. 

That's up to OP.  If the neighbour has wrongfully damaged OP's tree, OP can take action against the neighbour, but they need to remember that the consequence is likely to be an escalated neighbourly dispute that will probably consume a lot of time, energy and money, and will have to be declared if OP sells their house.

In short, the attitude of "they shouldn't be allowed to get away with it" is fine, if you're prepared to deal with the consequences of feeling vindicated.

JHW1942

Money_Grabber13579 said:

pulliptears said:

JustAnotherSaver said:

Interesting one.
So OP can't protect their property but neighbour is fine to hack away at OPs property? Seems a bit wrong. 

Two wrongs don't make a right.  OP cant screw things into the neighbours fence and the neighbour cant hack at OP's tree.  

Being Devil’s Advocate here. What if the fence is wholly on the neighbour’s property and the tree trunk has grown to such an extent that it was pushing through the neighbours fence. Would the neighbour be entitled to cut the bits of the trunk off that were encroaching into his garden, provided he offered the offcuts back again?

I think so, yes.

the_lunatic_is_in_my_head

https://www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries#:~:text=You can trim branches or,court for damaging their property.

You can trim branches or roots that cross into your property from a neighbour’s property or a public road.

Property damage from hedges

Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. If they do damage your property, your neighbour may be liable.

https://www.rhs.org.uk/advice/profile?PID=1022

Who owns a tree growing on a boundary?
If the base of a tree sits on the boundary line between two properties it is jointly owned by both of them (they are classed as tenants in common). If one owner fells the whole tree without permission from the other owner, that would make them liable (as this amounts to trespass). Consent should also be sought from the other owner before work is undertaken on the tree.

Am I liable if I cause damage to a neighbour’s tree as a result?
Yes. In law you would be considered negligent. Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over. For these reasons it is important to employ a competent tree surgeon or arboriculturist who could minimise risk and would take on the liability for the work (check they have public liability insurance prior to engagement of services).

The Gov site mentions cutting back branches and roots rather than the trunk of a tree, no mention of damage from tree roots.

The RHS site is saying trees on the boundary belong to both and joint consent is required plus that either way pruning the tree to the extent it causes damage is negligence.   

Mojisola

JHW1942 said:

Money_Grabber13579 said:

Being Devil’s Advocate here. What if the fence is wholly on the neighbour’s property and the tree trunk has grown to such an extent that it was pushing through the neighbours fence. Would the neighbour be entitled to cut the bits of the trunk off that were encroaching into his garden, provided he offered the offcuts back again?

I think so, yes.

No.  You can prune overhanging branches but you can't damage a tree - cutting chunks out of the trunk would kill it.

Laz123

Many moons ago we had a neighbour from hell who used to hop over his short fence and come into our garden. It was a long running dispute. So one day I bought fencing panels and all the extras and spent the entire day erecting it. It was 6' high by about 40'. It took a few inches off our land but it was worth it. It's still standing 30 years on.