Overhanging tree branch

Gingerbreadman12345

Hi, I would appreciate some advice here.

There is a large tree at the bottom of our garden and it has large branches that overhang in the neighbour's garden. They have asked me to cut the branches that overhang to their property and have said if it was not so tall they would do it by themselves.

I have looked into this and from what I have read, the law says the neighbour can cut the branches by themselves or hire an expert. My issue is that the neighbour is expecting me to foot the cost as they can't afford it although I have said I am wiling to share the costs. Now I feel this is unreasonable as I believe the cost is theirs but I am being a good neighbour by sharing this with them as the tree is in my garden. However they seem rather insistent in their opinion.
 
Are there any instances where the neighbour is able to claim that the cost is entirely mine? They have a shed down in the garden which they use a lot in the summer.

plumb1_2

Yes they can cut the branches that overhang and give them to you.
But as you say it’s your tree and you’ve let it grow without any maintenance to it. What if these large branches came off in bad weather and caused damage? Who would be responsible? You in my opinion. Maybe your insurance company wouldn’t cover you as you’re not maintained the tree.

TELLIT01

plumb1_2 said:

Yes they can cut the branches that overhang and give them to you.
But as you say it’s your tree and you’ve let it grow without any maintenance to it. What if these large branches came off in bad weather and caused damage? Who would be responsible? You in my opinion. Maybe your insurance company wouldn’t cover you as you’re not maintained the tree.

They can cut the branches and offer them to you.  They cannot cut the branches and chuck them back into your garden.  If you decline the offer to return them, it becomes their responsibility to get rid of them.

If the branches fell in a storm I think the OP would only be liable if the limbs were diseased and the OP had known that and failed to do anything.

Grenage

Legally it's not your problem, morally... that's your call.

I inherited a tree close to the boundary and nearly half of it was dominating the neighbour's garden.  I go round there once a year and cut it back.

I get on with my neighbours, and it's my tree.

plumb1_2

TELLIT01 said:

plumb1_2 said:

Yes they can cut the branches that overhang and give them to you.
But as you say it’s your tree and you’ve let it grow without any maintenance to it. What if these large branches came off in bad weather and caused damage? Who would be responsible? You in my opinion. Maybe your insurance company wouldn’t cover you as you’re not maintained the tree.

They can cut the branches and offer them to you.  They cannot cut the branches and chuck them back into your garden.  If you decline the offer to return them, it becomes their responsibility to get rid of them.

You might be correct legally, but I’d chuck um over their fence, no what ifs there going over.😂

The_Unready

"Now I feel this is unreasonable as I believe the cost is theirs..."

Seriously? Just ask yourself the question 'would there be any cost at all for the neighbours if your tree wasn't there?', and hopefully that will help you come to the correct decision regarding who should undertake the work.

victor2

We have a large tree overhanging our neighbour's garden. We get it cut back every 3 years or so at our expense and get the tree surgeon to ask them how much they want removing from their side
One year we both needed some trees cutting back and got a deal to do both gardens at the same time. Not sure if it saved us much though.

pollypenny

victor2 said:

We have a large tree overhanging our neighbour's garden. We get it cut back every 3 years or so at our expense and get the tree surgeon to ask them how much they want removing from their side
One year we both needed some trees cutting back and got a deal to do both gardens at the same time. Not sure if it saved us much though.

Ditto. We have an ancient oak, which overlaps the gardens of two neighbours. The tree surgeon comes every two years. 

One year a neighbour complained about sawdust, though. 

victor2

pollypenny said:

victor2 said:

We have a large tree overhanging our neighbour's garden. We get it cut back every 3 years or so at our expense and get the tree surgeon to ask them how much they want removing from their side
One year we both needed some trees cutting back and got a deal to do both gardens at the same time. Not sure if it saved us much though.

Ditto. We have an ancient oak, which overlaps the gardens of two neighbours. The tree surgeon comes every two years. 

One year a neighbour complained about sawdust, though. 

We've had the neighbour return the tree surgeon's hard hat, but no head in it! 

Rdwill

Is this a serious question,

your property, the tree, is trespassing in your neighbours space/garden and they have asked you to remove it.

Would you be ok if they came and walked their dog around your garden or parked on your drive?,    

theonlywayisup

Rdwill said:

Is this a serious question,

your property, the tree, is trespassing in your neighbours space/garden and they have asked you to remove it.

Would you be ok if they came and walked their dog around your garden or parked on your drive?,    

Seriously?