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Gareth
Site Moderator
Member Since: 07 Dec 2004
Location: Bramhall
Posts: 26702
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| Overhanging branches - who’s responsible? |
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One of my trees at the back of my property is rather large. It’s a very mature (and healthy) Copper beech.
The neighbours at the back have been complaining that it blocks the sun from their garden. Initially he offered to have it taken down at his cost. I didn’t want to lose the tree, as it gives us privacy. So I said he could get it crowned and cut back professionally if he was prepared to pay.
He has now said he is only going to get the overhanging branches removed, nothing from the top, and is saying it’s my responsibility to pay for the disposal of the waste. Is this the case? I’m happy to pay, but just want to know if he is correct.
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 20th Jun 2023 3:49 pm |
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al cope
Member Since: 08 Nov 2005
Location: Oldbury, WM
Posts: 10297
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When our trees were overhanging the footpath the other side of our fence at the bottom of our garden we got a letter from the council telling us we had to have them cut back, at our cost (so obviously the cutting and removal)
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| 20th Jun 2023 4:13 pm |
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Down&Dirty
Member Since: 17 Aug 2012
Location: Somewhere out back
Posts: 1287
 
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He is correct he’s with in his rights to cut back to the boundary and should return the cuttings back to you (or dispose of as mutually agreed)
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| 20th Jun 2023 4:14 pm |
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MikeO
Member Since: 15 Jan 2014
Location: The Cotswolds
Posts: 1372
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My understanding is they are within their rights to prune back to the boundary unless there is a TPO in place. Technically, what they remove belongs to you so they should offer it back. But you are under no obligation to accept it or dispose of it for them. 2016 Skoda Octavia VRS Estate
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| 20th Jun 2023 4:23 pm |
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RRSTDV8
Member Since: 07 Apr 2014
Location: Here
Posts: 13107
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They aren't allowed to just throw the prunings back over the fence either. They are responsible for disposing of them unless you accept them being returned to you for disposal.
If there is a TPO or the tree is in a conservation area, appropriate planning permission will be required. Visiting from rrsport.co.uk
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| 20th Jun 2023 4:27 pm |
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Gareth
Site Moderator
Member Since: 07 Dec 2004
Location: Bramhall
Posts: 26702
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Thanks. It’s all amicable, I just want to know if he is right. I’ve offered to pay £100 for his contractor to remove the branches.
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| 20th Jun 2023 4:49 pm |
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M3DPO
Member Since: 22 Sep 2010
Location: Notts.
Posts: 8109
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The downside of only lopping one side it could throw the tree out of balance, if the tree is leaning slightly towards you or has heavy branches on your side it could come down in a storm, this could invalidate any insurance you may have.
My advice is to have it lightly lopped on your side to keep it in balance.
Another point it is illegal to do the job before September unless it is seen to be unsafe and although it does not have a TPO on it planning permission may be required. It can when others can't,
It will when others won't,
It goes where others don't.
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| 20th Jun 2023 5:31 pm |
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waterbuoy
Member Since: 26 Oct 2013
Location: Argyll
Posts: 2862
 
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As Mike O says - they have to offer you the arisings, but you have no obligation to take them, should they decide to exercise their right to cut the tree back to their boundary line. However, in so doing theiy, or their contractor, has no right of access to either your land or the actual tree on your side of the boundary.
It might be more sensible to consider what arborists call a reduction - say removing 2m from the outer edge of the whole tree. That would keep the tree in symmetry/bakance/shape, but reduce the extent of its shadow. Beech can be prone to rootball failure so a reduction in mass might be no bad thing. Currently 2009 Disco 3 SE, 2013 MY D4 HSE and 2016 D4 SE
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| 20th Jun 2023 5:42 pm |
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