Tree Pruning


Not DIY I know but you guys seem to have a good knowledge of most things. My neighbour has a tall Birch tree (30' plus) in his garden. The problem is quite a bit of it overhangs into my garden and blocks the sun, some may say good in this weather! I get on reasonably well with him so don't want to 'muddy the water'. If we have it pruned who pays, him cos it's his tree, me cos it's over my garden or both as it affects us both. I do not mind all the arranging of it etc but would he be expected to contribute. I realise I would have to get his permission first. Any thoughts? BTW he is a pensioner but doesn't seem to be struggling financially or healthwise.
Cheers
John
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"John" wrote:

I don't know, I would be interested to know the answer. All I can think is that it is up to the two of you to come to a mutually agreeable arrangement regarding costs. Even if the law say that you or he must pay, you are no further on if either disagrees and refuses to pay their share. At the end of the day you are neighbours. It is the sort of issue that they deal with at http://www.gardenlaw.co.uk/
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I think you can prune anything that overhangs your own property, but must give it back to the neighbour! So if a branch is removed you have to give it back to your neighbour. I don't think there's any compunction for your neighbour to pay for this work to be done even though it's his tree.
I think a friendly chat might be in order - whatever happened to chatting with the neighbours before consulting the legal position?
I'm sure google will dredge up loads about his - you aren't the first.
Paul
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whatever happened to chatting

American type lawyers....
Dave
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wrote:
|Not DIY I know but you guys seem to have a good knowledge of most things. |My neighbour has a tall Birch tree (30' plus) in his garden. The problem is |quite a bit of it overhangs into my garden and blocks the sun, some may say |good in this weather! I get on reasonably well with him so don't want to |'muddy the water'. If we have it pruned who pays, him cos it's his tree, me |cos it's over my garden or both as it affects us both. I do not mind all |the arranging of it etc but would he be expected to contribute. I realise I |would have to get his permission first. Any thoughts? BTW he is a |pensioner but doesn't seem to be struggling financially or healthwise.
Best to come to an amicable agreement. I cut down a tree about the same size and a beech, on the my neighbours side of the border between our neighbours and our garden **with** their agreement, at my own cost and own labour. It was much too high, and they could not afford to do it. Interesting project felling a tree branch by branch, then taking the trunk down in six ft lengths. The last cut was with a chain saw which I blunted by allowing it to touch the ground :-(
I heard this discussed at some length on the Beeb many years ago, and I hardly think it will have changed. IANAL
You may cut the tree back to your border without asking permission, but you should offer them the wood.
I would repeat, Best to come to an amicable agreement.
--
Dave Fawthrop <dave hyphenologist co uk> Google Groups is IME the *worst*
method of accessing usenet. GG subscribers would be well advised get a
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On Fri, 21 Jul 2006 14:11:01 +0100 Dave Fawthrop wrote :

Unless you're in a Conservation Area or it's a protected tree: in such cases even if it overhangs you commit a criminal act by touching it without the LA approval.
--
Tony Bryer SDA UK \'Software to build on\' http://www.sda.co.uk


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my garden was overhung by a huge tree belonging to the council. When I asked them to cut back the offending branches they did it within three weeks. Official explained to me they were totally liable and had no right to intrude across a line vertical to the edge of my property

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John wrote:

You can cut both branches and roots that intrude into your garden but you are liable if the tree is unbalanced and falls. You have to offer the trimmings to your neighbours but if they do not want them you have to dispose of them.
It is best to talk to the neighbours about it first. We had trouble with a very large ash tree that was knocking on our windows and making the back of the house very dark. The neighbours were not very friendly so we did not want to approach them. The cost of trimming it would have been high so we kept putting it off. Luckily the house was sold. We told our new neighbours about the problems with the tree and they said it was causing problems for them too. They cut the tree down soon afterwards.
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John wrote:

You can cut both branches and roots that intrude into your garden but you are liable if the tree is unbalanced and falls. You have to offer the trimmings to your neighbours but if they do not want them you have to dispose of them.
It is best to talk to the neighbours about it first. We had trouble with a very large ash tree that was knocking on our windows and making the back of the house very dark. The neighbours were not very friendly so we did not want to approach them. The cost of trimming it would have been high so we kept putting it off. Luckily the house was sold. We told our new neighbours about the problems with the tree and they said it was causing problems for them too. They cut the tree down soon afterwards.
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