Overhanging trees - has the law changed?

[PeterC]

Next door has 2 large boughs overhaning his garden and a bit over the house; the whole tree is 'out of balance'. He's been on to Network Rail for about 3 years, trying to get the boughs removed and has been fobbed off with various excuses.

On his last call, this week, he was told that the overhanging part is now his responsibility, due to a change about a year ago. A 'friendly' solicitor told him the same thing. Is this correct?

It seems to be a case of punishing the victim to protect the guilty; it also raises several issues. Getting permission to go onto the property - Railway; awkward neighbour. Liability if it comes down - both to ones own property and third party injury.

What if a bough came down and did damage/injury on the highway? Could happen in some circumstances.

It seems to ludicrous I can believe it!

[LSR]

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:

1) You are entitled to cut any branches that overhang your property at the boundary, working from your land. You must offer the arisings to the tree's owner but they do not have to accept. Disposal is then your responsibility - you cannot just chuck the debris back over the fence. 2) If the overhanging branches threaten your property and you have made the tree owner aware of the risk, they are responsible for any damage caused. (The oft-quoted case law applies to root damage but I assume branches are no different)

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

[Michael Chare]

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.

[Brian Gaff]

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

[Brian Gaff]

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

[Tim Streater]

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

[Robin]

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 :)

[Fredxxx]

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

[Tim Streater]

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.

[Peter Andrews]

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

[dennis]

Even if it has a TPO on it?

[GB]

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

[Dave Plowman (News)]

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.

[Dave Plowman (News)]

Just the bit that overhangs your property. Rather obviously.

[Tim Streater]

Pass.

[T i m]

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

[Fredxxx]

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.

[Dave Plowman (News)]

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.

[tony sayer]

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

[tony sayer]

In article , T i m scribeth thus

Missed out working on overhead lines there somewhere;)