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Where do i stand ?

BName

Banned
Ok so the situation is i live in a council property my back garden overlooks a neighbouring back garden. In the neighbouring garden are three large trees that are so close to my garden the branches of them lean into my garden this causes leaves and seeds etc from them to fall into my garden and cause the usual problems in my garden. The council say they will not do anything, The person who's property the tree are iin never does anything about it he only gets the trees cut back on his side of the garden. I hear the chainsaw going every bloody summer. So the council are no help. The guy who owns the tree and property is no help but yet i have to pay to sort his blood mess up that comes into my garden from off his tree. Where do i stand in all this what can i do about it ?
 

rousetafarian

Moderator
Close the thread after reading and undertaking this.....Any overhanging branches, or whatever into your property can be cut off from your side of the boundary and then, crucially, offered back to the neighbour. If they accept the cut off pieces then great if they refuse then into the recycle bin it goes
 

John

Moderator
I always thought if branches were over hanging your property, you could trim them back but had to leave the cuttings for the owner.

might be an urban myth though
 

BName

Banned
It is still going to cost me to have this done so i am no better off than i am now. The trees are that big that cutting some of the branches back is only going to limit the problem.
 

Toasty

Distinguished Member
We're in a similar situation. The tree owners did do a mass prune a few years ago, but nothing since. So we prune anything over hanging our property ourselves. One tree is starting to be a bit more problematic in that it may start damaging the fence with a tricky branch. May have to have a chat with them on that one. But my understanding is you can prune anything over hanging your property, I don't believe there is an obligation from the owner unless damage is likely.
 

BName

Banned
See post 5 and 1
 

BName

Banned
Bearing in mind i would have to pay to have any work done. Is the owner of the propperty and tree responsible to pay for it or even help ? Or do i have to pay for it myself ? It has cost me £180 this year to keep my garden clean because of these bloody trees and it is not even me who is creating the mess.

Sarcastic edit: If i could do it myself then i would not be making this thread on advise on what to do.
 
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BName

Banned
It causes damage to my pocket having to pay someone to clean/weed my garden all the time. It causes damage to my garden because of the seeds and leaves etc that fall into it. And my mental health is allready strained but is worse now.
 

Saymyname1

Banned
If the trees are as large as you state then they have more than likely been there longer than either of you .

Why would your neighbour be responsible for your garden?
 

BName

Banned
I can't see what the length of time the trees have been there for matters. The point is it is his trees in his property overhang my garden causing obvious problems, but yet i foot the bill to get the mess sorted that is caused by leaves and seeds falling in my garden. It is his trees his leaves that fall into my garden why should he not foot the bill to get it sorted ?
 
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BName

Banned
Read the Edit in post 10 but to answer the question no.

Can i take the leaves and weeds from my garden that are being created from the trees and throw them back on his garden ? Oops i mean give them to him. lol
 
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NewfieDrool

Banned
There is an act covering evergreen hedges but in your case this does not cover it.
Trees on borders are a complaint I see a lot off but unless it's damaging your border/fence/property then all you can do is cut back the branches that over hang your property.
I've a present job where some conifers overhang a new build and are above the limit set out in the act. Its a newish build and a fence was erected in front of the conifers so the trees are the other side of the clients fence.
The client paid to have them cut back in height and the property owner behind called the police as he believes they are part of his property.
He was looking at a high 4 figure compensation but I was able to obtain through the public land reg office a copy of the deeds and it shows the boundary to be behind the conifers for my client. Looks like a typical new build save money job where they should have removed the conifer hedge to erect the fence on the edge of the clients border.
It's now in the hands of solicitors.

Trees, hedges and borders are the most common problem I see in disputes.
 

nheather

Distinguished Member
Can you not cut them back yourself OP instead of paying someone?

I have a similar problem but they are 'council owned' on common land. Council won't do anything about it.

In answer to your question - I guess you are imagining small decorative ornamental trees but I suspect we are talking about big mature things - they are behind my garden, oaks that are taller than the house.

Cutting limbs of these isn't straight-forward as there is height, size and weight to deal with. I guess there is care needed not to kill the tree though I would be less concerned by that. Basically, a branch that you can't circle your hands around can be pretty heavy and cumbersome.

When we enquired about getting the job done professionally it was thousands of pounds.

Cheers,

Nigel
 

Desmo

Distinguished Member
Personally I think you're being a bit over the top. I have ivy climbing over my fence from the neighbours side. It was there when I bought the house and it's still there now....I just cut it back when it gets too overgrown. Even if it cost me money, it's just garden maintenance as I see it. I assume the tree was there when you moved in? Have you always expected somebody else to take care of the tree?
 
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blue max

Distinguished Member
I do find it annoying that people pay for branches to be cut off a tree on their side, but leave them overhanging another property. There is clearly a reason why they had them trimmed, so it can't cost much more to do the whole tree while they are up there.

Happened at my MIL's house. The tree looks stupid now.

That said, I would drop them a note to say you have no objections about it being trimmed or removed as it is causing you issues. They may be thinking you liked them :D
 

tbc

Banned
I have been to them again today to have a word but no one was available again.
So you spoke to someone but the person you needed to speak to was unavailable or nobody at all answered the door? You really need to put your complaint direct to the person before you do anything else.
 
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