Responsibility for costs of removing tree branches to replace fence

AntoineFR

Hi!
I saw similar questions to mine so I thought I would try getting help from the community. 

Following the storm we had a few weeks ago, my garden fence needs to be replaced. Tree branches in the neighbour garden that were previously just pushing against the fence and slightly going over, are now in the way and the contractor quoted me £500 to clear out the branches along the fence in order to replace the said fence...
Can I request my neighbour to clear out all the branches from his side? What would I be able to do if he doesn't want to do it?

Thanks

theoretica

You can request, of course.  If he doesn't want to, you are permitted to cut anything off as it crosses the boundary line (so long as there is no tree preservation order or disturbance of bird nests). Or find a contractor who will put up a very strong fence and push the branches back.

Aylesbury_Duck

Ask him to cut them.  If he says no, cut them yourself, back to the boundary, and offer him the cuttings.  If he doesn't want them, you dispose of them.

Ath_Wat

£500 to cut a few branches?  Find a different contractor.

Martin_the_Unjust

The only thing I can add is that if you only get the branches trimmed back to the boundary it’s not going to be long before they will be pushing the fence over again.

TELLIT01

If the branches are causing a problem now that they weren't causing prior to the storm, it suggests that the tree has moved.  Is it still stable?

outtatune

AntoineFR said:

Hi!
I saw similar questions to mine so I thought I would try getting help from the community. 

Following the storm we had a few weeks ago, my garden fence needs to be replaced. Tree branches in the neighbour garden that were previously just pushing against the fence and slightly going over, are now in the way and the contractor quoted me £500 to clear out the branches along the fence in order to replace the said fence...
Can I request my neighbour to clear out all the branches from his side? What would I be able to do if he doesn't want to do it?

Thanks

£500? Does your garden have its own postcode?

theoretica

TELLIT01 said:

If the branches are causing a problem now that they weren't causing prior to the storm, it suggests that the tree has moved.  Is it still stable?

Or the branches were pushing against the fence - which gave way suddenly, rather than gradually.

the_lunatic_is_in_my_head

OP you can cut branches back to the boundary, you shouldn't go any further (there was a thread here where someone ended up with a massive headache over allegedly cutting back too far). 

If your neighbour is happy for you to cut back further then it's best to get the agreement in writing. They aren't obligated to pay and may not wish to.

If your neighbour has certain animals (like a dog) they have an obligation to ensure their animals stay within their land so would have an interest in ensuring a fence can be put up that won't be affected by the trees. 

There may be requirements in the deeds for a home owner to maintain a fence but it's relatively rare, usually any requirements that may be present are simply to maintain a boundary, which can be done with some sticks and string for example.  

If the neighbour won't agree and you feel the fence is at risk you can always keep the boundary marked and move the fence in whilst periodically cutting back to the boundary.

Best to invite the neighbour round for a cup of tea and chat really.