The neighbour B of my friend and neighbour A has cut down branches of shrubs planted in A's garden but growing on B's side of the wall, and has thrown the material (quite a large amount) over the wall.
What is the legal position about trees and shrubs growing from one property over a neighbour's property? I assume the neighbour is entitled to cut down the material on his side of the wall, but who is responsible for disposing of this material?
Any advice gratefully received.
Try a legal newsgroup.
Neighbour B has exercised his prerogative to trim any branches growing over to his side of the fence and has further returned A's property to him. B's actions are correct
Rob
That is exactly what B is allowed to do (but B mustn't do any damage on A's property, such as chucking the cuttings through a greenhouse window).
A.
It would have been better is B had talked with A first.
AIUI a person is free to cut back vegetation overhanging his or her property, but must offer the cuttings to the owner of the property from which the vegetation was growing.
Neighbour B has the legal right to cut all branches and roots of shrubs, trees etc upto the boundary of his property - but these must be returned to neighbour A. If neighbour B disposes of the 'cuttings' without the permission of A, then that could be construed as theft of property - see:
Cash
If vegetation encroaches onto your property you are allowed to cut it back to your boundary but as this belongs to the owner it should be returned. i.e. if you pick apples from a branch that overhangs your property it would be considered theft to keep them without permission from the owner. I used to cut branches from a neighbours tree that overhung my side until he had it cut down, wanting to stay within the law I deposited them back onto his side
Corporal Jones "I don't like it up me"
Rubbish. B can cut them off (unless a TPO exists). He has to offer them back to A. A does not have to accept them. If B then chucks them over he is breaking the law.
I agree entirely. The legal requirements are basically explained in this thread. A moot point is that any cuttings should be offered back. Trouble is that this kind of action can result in tit-for-tat retaliation which can lead to further bad feeling and more retaliation. If unchecked this can feed the legal eagles which is absolutely and utterly pointless. For the lack of communication one might have a sworn enemy rather than a friend and neighbour. It's good to talk. Just my tuppence worth.
Nick
Thanks very much for all the replies. It seems this rather unpleasant man was within his rights in throwing garden waste into my friend's garden. Sad.
No he wasn't despite what the others have said.
You could sue the owner of the tree or shrubs for trespass; nuisance and/or negligence (in this case if they become dangerous)."
Yes
No he only has to offer any "fruit" back.
Yes because the branches have now become waste and it is an offence to dispose of waste this way.
We have this a lot when I help my friend who runs an arboricultural business.
The trees from one property have encroached on another and become a nuisance. The owner of the trees can be asked to abate the nuisance and remove the branches. The person suffering from the nuisance can avoid messy legal problems by doing the work himself. In practice I have not heard of anyone succeeding in recovering the cost of this work but I suspect if it were tested in court and proper representations had been made then the costs would be awarded.
Note also in some circumstances Part 8 of the Anti-social Behaviour Act 2003 will apply but this also looks like an expensive way to do things compared with talking it over with the neighbour.
When the 1987 storm blew trees into roads the highway authority had the right to reclaim the clearance costs but in practice seldom did.
AJH
Nevertheless your friend is at fault for allowing the growth to trespass on his neighbour's land.
Peter Crosland
We were somewhere around Barstow, on the edge of the desert, when the drugs began to take hold. I remember Kevin saying something like:
Actually the neighbour who owns the tree is responsible for stopping it doing anything to upset his neighbours 'quiet enjoyment' - a legal term!
So all is kosher, except if I were him I would bag up the rubbish, apologise to the neighbour, and discuss what might be done to prevent such obvious ill feeling arising again.
No, not garden waste, someone else's property that fell into his garden when he excercised his pruning rights..
Agreed,
In my case, I have that agreement with a neighbour whose tree overhangs my garden (birch of all damn things [1]) and I cut the overhanging branches and roots that cause me problems *and* dispose of the cuttings via the local recycling scheme (he doesn't want them back).
[1] The blasted roots of this tree are almost knocking my back door that's well over 10 metres away from it!Cash
Allbeit not very diplomatic. He would have been much better off discussing the matter with your mate in a friendly manner and reaching an amicable agreement.
Agreed. In a non-rural environment it seems that B is on a good deal. In a rural setting, where the cuttings might be a valuable source of fire wood (say), it all makes a lot more sense.
However jaw jaw better than law law which is better than war war.
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