Overhanging trees - has the law changed?

gardenlaw.co.uk is a good place to ask. I'm not aware of any recent changes to the law but AFAIK (assuming no Tree Preservation Order) this has been the position for a very long time:

It might be worth getting his insurers to contact Network Rail if he has legal cover.

If the branches are overhanging a house it might be a good idea to enlist the services of a tree surgeon. If cutting the branches will unbalance the tree it would be sensible to tell Network rail.

Basically, I think what they refer to is that you can now cut the offending branches and as long as you chuck all the cuttings over the other side, then that is fine. I was told this is basically a safety issue. IE if you are in danger due to a possible falling tree, you can take direct action. Of course what happens if the tree then topples the other way and hits something or someone is probably just going to give the lawyers more money and work... :-)

I don't recall the law actually changing but the term I heard was clarified, so perhaps there was some kind of case that meant the interpretation had been clarified. Brian

I think you canjust chuck it back as long as you tell them in good time.

Obviously you have to do it from your land or it might be considered trespass, wyhich is a civil matter. Brian

You can cut away any branch that overhangs the property line.

I think you will find that you don't have a right to throw cuttings over the fence without the neighbour's permission.

And bear in mind there's pressure on authorities to increase the number of convictions for fly-tipping :)

Would that be part of the branch that overhangs, or the whole branch?

The part that overhangs. We did that here, and the neighbour showed no interest in the arisings so we're burning it in the woodburner.

My local authority tree preservation officer told me last year that you may cut back to the boundary, you MUST offer the cuttings to the owner of the tree - they do NOT have to accept them and if you just throw them back you are guilty of fly tipping. Assuming that there isn't a tree preservation order in force.

Peter

Even if it has a TPO on it?

It's also a problem if in a conservation area.

Think you have to offer it to the owner. But if they don't want it it's up to you to dispose of it.

Just the bit that overhangs your property. Rather obviously.

Pass.

And anywhere near a railway line ... and the 'throwing stuff over the fence' (Point 8 below). I think there are some pretty strict rules (and consequences / fines) for working on anything near a track in case of the obvious.

So as per the OP's fears ...

"1. No persons, plant or machine should be positioned in such away that in the event of accident or failure the plant / machine can fall/encroach within 3m of the operation line if this cannot be complied with then a line blockage will be required.

1. Due to the encroachment/overhang of the trees Network Rail will require to arrange line blockage protection whilst the works take place.

1. Network Rail are supervise all tree cutting works, no work is to take place without the Network Rail Site Supervisors authority.

2. Network Rail require that you to submit a site specific method statement, with risk assessments aimed at identifying risk with respect to operational railway lines. These documents are to be vetted and accepted, with respect to the safety and impact of the works on Network Rail?s infrastructure. Please include emergency contacts for all subcontractors within the method statement, including a route to the nearest 24hr A&E department. A cover sheet must be provided with each Method Statement submission to include three signatures; Author, Checker. Each method statement must have a unique number and have a document control reference number. No work should commence on site until Network Rail have issued a letter of non objection to the method of working. Please allow a minimum of 20 days for the acceptance of the method statement. All method statements shall be accepted a minimum of 10 days prior to the works starting on site.

1. A Track Visitors Permit (TVP) will be required if the workers are required to come within 3m of the track. The application for a TVP has to be filled in 72hrs before the works, a simple self medical form needs to be completed and each person need to provide their; name, D.O.B., address and national insurance number. Any person requiring a TVP will be required to provide and wear a blue safety helmet when on Network Rail property. There is a limit of 12 TVP?s per person in a rolling year. A Network Rail representative can have a maximum of 3 TVP holders on track at any one time, if more TVP holders are required Network Rail will have to provide further supervision. For further details please see Network Rail?s company standard NR/L2/OHS/020.

2. Please be aware that it is now a Network Rail requirement that when working on Network Rail property all personnel must now wear; ankle support foot wear (rigger boots are not permitted), a hard hat (blue if TVP required, white if not), Network Rail approved orange hi viz, including hi viz trousers and task specific gloves, eye protection.

1. All personnel working on the site must undergo a railway site safety brief to include how to stop trains in the event of an emergency, this is to be conducted by the Network Rail representative.

2. On completion all felled tree parts which could potential be thrown onto the railway must be removed from site."

Cheers, T i m

It may be obvious to you but I'm sure there are some green fingered experts who will say more damage is done to a tree is part of a branch is removed rather than the whole.

Not your problem since it's not your tree. People who plant trees in their garden for 'privacy' or whatever can be a PITA - blocking out light to other's gardens.

Chuck it onto the branch line rather than the main;)..

In article , T i m scribeth thus

Missed out working on overhead lines there somewhere;)