Trees on boundary destroying fence and shed

Trees on boundary destroying fence and shed

Postby Lolly22 » Mon Aug 06, 2012 8:22 pm

Hello, this is my first time here so please bear with me.

I am enquiring about trees which overhang my parents garden. The trees are on the boundary line at the bottom of the garden, there is a fence between the trees and my parents garden.

i.e Parents garden -> fence -> trees -> neighbours garden

The trees are growing into the garden and have, along with the ivy and creepers growing up them, pushed down the fence, and are now pushing on, and growing inside, the shed which backs onto the fence. We are unsure who owns the boundary fence or trees which were present when we moved in.

There are three or four live trees and one which is dead, it is hard to determine individual trunks as it is so dense with vegetation at the bottom of my neighbours garden.They are between 4.5/5 metres and 10/11 metres high and with the current weather the creepers are growing extremely fast, encroaching a metre into the garden each week - my mum is constantly cutting them back.

We want to cut down the parts of the trees overhanging our side of the fence, this we know we are entitled to do. We are planning to take the shed down and replace it. Our concerns are that when we take the shed down the fence will behind it will collapse and that the trees will continue to encroach onto my parents land and destroy a replacement shed.

What are our legal rights with these trees?
Can we assume our neighbours own these trees?
Can we request they are cut back/removed?

Any advice would be appreciated.
Lolly22
 
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Re: Trees on boundary destroying fence and shed

Postby TO » Tue Aug 07, 2012 9:09 pm

Hi

Lolly22 wrote:What are our legal rights with these trees?
If the trees are your neighbours, then subject to statutory protection you can cut back to the boundary any encroachment. The convention is that you offer back to the tree owner all you cut off. If they do not want it, it is for you to dispose of in a responsible manner. If the trees are yours then subject to statutory protection you can do what you want.

Lolly22 wrote:Can we assume our neighbours own these trees?
Never assume anything. Get the facts on ownership.

Lolly22 wrote:Can we request they are cut back/removed?
Yes, but your neighbour doesn't have to do comply with your request, or pay if you decide to exercise your right to cut back to the boundary.

TO
TO
 
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