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Tree problem number 2

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Old 02 September 2004, 09:08 AM
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scoobynutta555
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Default Tree problem number 2

Two doors down a guy has a huge tree in the back of his garden, not quite sure what it is, but it may be a Maple tree as it has the old 'helicopter' seed. (technical i know ). The canopy of the tree stretches into my back garden from 2 doors away. On the back drive I park my car, and it gets covered in sap stuff. Not only that, my gutter gets clogged every Autumn with dead leaves and one of my ridging tiles recently fell off which was just where one of the branches were banging into.

What are my options on getting this thing cut back, my next door neighbour who's property is also blighted by this tree is not much pleased with it either.

Is it the hack it off above your boundary and push it all back over the owners fence? The tree is literally right up against the owners boundary with my next door neighbour.

Will be calling the council, but what a quick fact finder on here first
Old 02 September 2004, 09:13 AM
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IWatkins
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You can cut back to your boundary. I'm nearly 100% sure you can do this without permission. You should however offer the cuttings to the owner of the tree but most people don't bother.

Ian
Old 02 September 2004, 09:15 AM
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speedking
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Exclamation Hack away.

http://www.gardenlaw.co.uk/trees.html

However its good to talk. Cutting the roots of such a large tree may make it unstable. Although the owner remains responsible, you should inform him in case a dangerous situation arises for which you may feel morally (if not legally) responsible.
Old 02 September 2004, 09:53 AM
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scoobynutta555
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Is it reasonable to expect him to pay disposal for the cut off branches as we'll have to pay sumone to hack them down?
Old 02 September 2004, 10:55 AM
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ProperCharlie
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as it says above, you are legally entitled to cut back any part pf the tree that overhangs your property provided that this action does not leave the tree in a dangerous condition.

the tree branches remain the property of your neighbour, and you should "offer" them to him. as it is almost certain that he won't want them, you will then have to get rid of them. you can't just chuck them into his garden.

also, the tree may be protected by a Tree Perservation Order. you should check with your local planning authority before you get tasty with your chainsaw.

hth.
Old 02 September 2004, 01:21 PM
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Tiggs
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Originally Posted by scoobynutta555
Is it reasonable to expect him to pay disposal for the cut off branches as we'll have to pay sumone to hack them down?

lol...no its not reasonable and he will tell you to get lost!
Old 02 September 2004, 01:25 PM
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scoobynutta555
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If the tree is causing damage to my property, which i suspect it has with the roofing tile, then there must be some responsibility on his behalf to control the tree?
Old 02 September 2004, 03:44 PM
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I could do with some logs for the fire this winter...
Old 02 September 2004, 10:01 PM
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if it looks expensive to chop down the branches over your boundary, and they are causing offence, you could sue the neighbour for his tree trespassing, and then he would be liable for paying for removal.

Wouldn't do much for relations, but there you go
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