60 foot poplar on boundry

60 foot poplar on boundry

Postby hugger » Fri Jul 19, 2013 7:22 pm

hi,my neighbor is thinking of taking the 60 foot poplar tree down,yet they have not mentioned it to me ,heard it through the grapevine sorry for the pun , and it sits directly on the party line,do they have to inform me of what they intend to do,also if they cause damage to my side will they have to pay me for the damaged they have caused,hope you can help.
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Re: 60 foot poplar on boundry

Postby gardenlaw » Fri Jul 19, 2013 10:24 pm

Now you know of their intention can you not discuss it with them pointing out your fears? Why do they want to take it down? Is it subject to a Tree Preservation Order?
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Re: 60 foot poplar on boundry

Postby hugger » Sun Jul 21, 2013 1:03 am

gardenlaw wrote:Now you know of their intention can you not discuss it with them pointing out your fears? Why do they want to take it down? Is it subject to a Tree Preservation Order?

Hi, they want to build an extension on the rear of the house.,also the tree has no preservation order on it.before they go ahead taking it down do they have to ask me with it on the boundary ?
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Re: 60 foot poplar on boundry

Postby Treeman » Sun Jul 21, 2013 7:53 am

There are a couple of schools of thought on this, on will say that it is property in common while equally you could ague that the majority belongs to one party or the other and is trespassing on the neighbours property
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Re: 60 foot poplar on boundry

Postby hzatph » Sun Jul 21, 2013 9:31 am

What outcome do you want? DO you want to keep, trim or remove the tree and are you willing to contribute to the costs?
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Re: 60 foot poplar on boundary

Postby hugger » Mon Jul 22, 2013 11:50 pm

Treeman wrote:There are a couple of schools of thought on this, on will say that it is property in common while equally you could ague that the majority belongs to one party or the other and is trespassing on the neighbours property

the tree is on there side of the fence alot of the branches are over mine,but do they have to seek my permission with it being on the boundary say to take it down,as its on the party line.and its a big base there will be alot of ground disturbed.
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Re: 60 foot poplar on boundry

Postby hugger » Mon Jul 22, 2013 11:56 pm

hzatph wrote:What outcome do you want? DO you want to keep, trim or remove the tree and are you willing to contribute to the costs?

i am not going to contribute as they have never botherd to look after it for over 20 years trim it or prune it,i think its seen better days,as i have said do they have to consult me before they take it out if there going to do that being on the party line, ?
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Re: 60 foot poplar on boundry

Postby despair » Tue Jul 23, 2013 7:27 am

Unless you would value the logs I would be glad to see it gone
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Re: 60 foot poplar on boundry

Postby arsie » Tue Jul 23, 2013 11:52 am

hugger wrote:
hzatph wrote:What outcome do you want? DO you want to keep, trim or remove the tree and are you willing to contribute to the costs?

i am not going to contribute as they have never botherd to look after it for over 20 years trim it or prune it,i think its seen better days,as i have said do they have to consult me before they take it out if there going to do that being on the party line, ?


It sounds like you are indifferent to the tree remaining or not; we don't know if you want to retain it for any reason, you don't say. They want it to come down so let them do so, at their expense. If they try to make you contribute tell them you are not prepared to contribute: they want it to go to further their extension. You don't particularly want or need to fell the tree: they do. The extension benefits them. They ought to bear the cost.

Be careful the extension doesn't result in loss of any of your land/light, encroachment, boundary issues etc but I assume you have that covered.
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Re: 60 foot poplar on boundary

Postby kipper » Tue Jul 23, 2013 12:43 pm

hugger wrote:the tree is on there side of the fence alot of the branches are over mine.


hugger wrote: i have said do they have to consult me before they take it out if there going to do that being on the party line, ?


if it is growing on their side of the fence It's not on the boundary, it is on their land and they do not need to consult you. What ground disturbance will there be?

There may be a requirement for them to serve a party wall, etc notice to you for the extension build but nothing regards the actual removal of the tree.
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Re: 60 foot poplar on boundry

Postby hugger » Thu Jul 25, 2013 11:31 pm

i would like to thank everyone who has helped me,much appreciated. :D
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