Overhanging tree. Who cuts it back?

MrLogical

There is a tree on a council verge which hangs over land that isn’t owned by myself that has stretched to my home and now slightly overhanging the top of my house and gutter.

I contacted the council and they said they won’t cut it back as it’s not dangerous and they only have the budget to tackle trees that cause danger. I do have a note from them saying it’s ok to cut it back.

my question is, should I be the one who pays to cut it back, or is it the responsibility of my ‘neighbour’ who owns this land between mine and the council verge and has allowed this to happen.

Thanks.

macman

You can cut it back to the boundary of your own property.
What your neighbour does about it then is up to him, and not your concern.
Similarly, he can cut it back to the council boundary, but he is under no obligation to do so.

theoretica

You cannot make anyone else do it.  So long as it has no tree preservation order or birds nests, you have the right to cut it back where it enters your airspace.  Your neighbour might agree for it to be cut back in their airspace (and similarly has the right to cut it themselves if they chose) but has no responsibility to pay or agree.

MrLogical

Thank you both.

maisie_cat

In my experience any trees that overhang from private land onto council land/highway are the responsibility of the private land owner. On the other hand any trees that overhang from council land/highways onto private land are tough. We have both and the council made a fuss about our trees but are not interested in maintenance of their trees. 

TELLIT01

Don't believe the claims from some that you can dump whatever you cut back over the fence onto council, or neighbouring, properties.  That is fly tipping and the council will be far quicker to act on that.

Apodemus

MrLogical said:

There is a tree on a council verge 

While everyone jumps to the conclusion that the verge is owned by "the Council", this is quite often not the case.  As Roads Authority, the Council may have all sorts of rights over the verge, but they may not actually own it (nor sometimes have actual  ownership of the solum of the road).  The trees might not be theirs and responsibility for them may lie elsewhere.