overhanging branches

overhanging branches

Postby lasydog » Wed Feb 20, 2013 2:12 pm

my neighbors tree branches were over hanging my mothers garden blocking out light so we asked her if she minded if we cut them back , she said she did not mind ,so i did , after cutting down a small woods worth , I cut them up in to three foot lengths , and put them over the fence into an area that they have sectioned off as their is a small wood there , when I had put them all over (took me 3 hours ) she came round saying that it was up to me to remove the waste branches, to which I informed her that they were her branches and I was just giving her back her property and that I had put them into an area that was sectioned off and unused . she left unhappy saying she would be seeking advice , so I was hoping someone could inform me what I should do if anything , I have not cut anything on her side only ours ..PS my mother is very happy to have a bright area to sit in..thanks in advance .Gerard
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Re: overhanging branches

Postby Mojisola » Wed Feb 20, 2013 3:55 pm

You should have offered them back but, if she didn't want them, then they were your responsibility to get rid off.

Offer the logs on your local Freegle or Freecycle website - you'll have people fighting for the logs.
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Re: overhanging branches

Postby WILL*REMAIN*STRONG » Wed Feb 20, 2013 5:54 pm

From reading stuff put on here by experts like Treeman...he might scold me for calling him expert...but he is! You are within your rights to cut back and place the off cuts of the tree on the owners land, in a responsible matter.

I have to say, we cut back now and again, but we get rid of most off cuts ourselves, only because we don’t wish to burden the neighbour. But we are soft, so don't take any notice of that. It is just that everyone is different.

You haven't done anything wrong, your neighbour will realise this when they seek legal advice.

If they don't want to get rid of branches, they would have to have a tree which didn't grow over the borders. Now that is difficult with most plot sizes.

Please find a way to not fall out with the neighbour. Just get rid of the branches bit by bit in your green bins if you can. :)
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Re: overhanging branches

Postby hzatph » Tue Feb 26, 2013 12:23 am

WILL*REMAIN*STRONG wrote:From reading stuff put on here by experts like Treeman...he might scold me for calling him expert...but he is! You are within your rights to cut back and place the off cuts of the tree on the owners land, in a responsible matter.


Sadly, whilst he is definitely an expert he is not on this matter and has never shown any evidence in support of this which could well be because he is not correct and dumping the branches like this was not a wise thing to do.
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Re: overhanging branches

Postby WILL*REMAIN*STRONG » Tue Feb 26, 2013 6:47 pm

hzatph wrote:
WILL*REMAIN*STRONG wrote:From reading stuff put on here by experts like Treeman...he might scold me for calling him expert...but he is! You are within your rights to cut back and place the off cuts of the tree on the owners land, in a responsible matter.


Sadly, whilst he is definitely an expert he is not on this matter and has never shown any evidence in support of this which could well be because he is not correct and dumping the branches like this was not a wise thing to do.


I have read the advice to carefully give branches to the tree owner, I'll have to try and find this again. Probably from a council website! I used to think you had to ask the tree owner if they wanted the off-cuts, I would always do so and dispose of them should they be refused. Some who cut back don't want the bother, so place them on a neighbour's land.

What are the consequences of cutting back, then placing the off-cuts on the neighbour's land?

That might help the OP. I still think Treeman knows best. :lol: Sometimes!!! :mrgreen:
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Re: overhanging branches

Postby Treeman » Tue Mar 19, 2013 3:44 pm

hzatph wrote:
WILL*REMAIN*STRONG wrote:From reading stuff put on here by experts like Treeman...he might scold me for calling him expert...but he is! You are within your rights to cut back and place the off cuts of the tree on the owners land, in a responsible matter.


Sadly, whilst he is definitely an expert he is not on this matter and has never shown any evidence in support of this which could well be because he is not correct and dumping the branches like this was not a wise thing to do.



Well time will tell, if the neighbour comes back with an enforceable legal action to remove the branches then fine, but I cant see it somehow.
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Re: overhanging branches

Postby kipper » Tue Mar 19, 2013 9:24 pm

WILL*REMAIN*STRONG wrote:
What are the consequences of cutting back, then placing the off-cuts on the neighbour's land?

Legally, probably nothing. However, in the OP's situation, they have upset the neighbour. Whether this will sour relations between the neighbour and the OP's mother permanently, who knows? For the sake of getting rid of the offcuts and having more light into the garden after the neighbour had no problem with them doing the work, is it worth taking the chance?
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Re: overhanging branches

Postby WILL*REMAIN*STRONG » Wed Mar 20, 2013 4:59 pm

kipper wrote:
WILL*REMAIN*STRONG wrote:
What are the consequences of cutting back, then placing the off-cuts on the neighbour's land?

Legally, probably nothing. However, in the OP's situation, they have upset the neighbour. Whether this will sour relations between the neighbour and the OP's mother permanently, who knows? For the sake of getting rid of the offcuts and having more light into the garden after the neighbour had no problem with them doing the work, is it worth taking the chance?


I think the person cutting back should dispose of the branches. It is funny how many people believe you can return them, or indeed have to return them. Even the police are clueless at times, they say to throw them over the fence or leave them piled up on the neighbours garden. The guy who cuts our the neighbours tree told me that I could cut back and chuck everything over the fence, I said I don't think you can. But he seemed to think he knew the law? But then he swings from trees and the branches just fall off due to the humongous weight! :oops: :lol:
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Re: overhanging branches

Postby Mojisola » Wed Mar 20, 2013 5:18 pm

WILL*REMAIN*STRONG wrote:I think the person cutting back should dispose of the branches. It is funny how many people believe you can return them, or indeed have to return them.


I can understand the thinking - the branches came off the neighbour's tree so the wood belongs to them.

I think with fruit, it does work that way - if your neighbour's apple tree overhangs your garden and you pick the apples, you're supposed to give them to the neighbour. Happy to be corrected if that's wrong.
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Re: overhanging branches

Postby WILL*REMAIN*STRONG » Wed Mar 20, 2013 5:29 pm

Mojisola wrote:
WILL*REMAIN*STRONG wrote:I think the person cutting back should dispose of the branches. It is funny how many people believe you can return them, or indeed have to return them.


I can understand the thinking - the branches came off the neighbour's tree so the wood belongs to them.

I think with fruit, it does work that way - if your neighbour's apple tree overhangs your garden and you pick the apples, you're supposed to give them to the neighbour. Happy to be corrected if that's wrong.


I have read that somewhere. Gardenlaw seems to advise branches and fruit are returned.

http://www.gardenlaw.co.uk/trees.html
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Re: overhanging branches

Postby syl2 » Fri Apr 26, 2013 10:45 pm

You need to place something on your property that bends their tree's branches back over their own property. This could be a fence, a wall or even your hand (ie just push them back). Except for about a centimetre. Then cut thus overhanging centimetre. The branches will naturally fall on their property (randomly rather than tidily) and you have stayed within the letter of the law.
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