Cost of lopping branches overhanging neighbouring garden

Cost of lopping branches overhanging neighbouring garden

Postby Angie360 » Mon Jul 04, 2016 5:04 pm

A housing society has requested that I lop an overhanging branch from a tree in my garden (I own my property). Do I have to do this? I understood that overhanging branches could be lopped without permission. If I do not do as requested and the Housing society arrange for the branch to be lopped am I liable to pay their expenses?
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Re: Cost of lopping branches overhanging neighbouring garden

Postby despair » Mon Jul 04, 2016 5:25 pm

They will have a hard job making you financially liable but if you dont want your tree damaged its better that you get the matter dealt with
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Re: Cost of lopping branches overhanging neighbouring garden

Postby mr sheen » Mon Jul 04, 2016 8:15 pm

IF your property is ex-Council, you may need to check the contract of sale since they often contain lots of clauses requiring all sorts of things and in some cases ensuring that your vegetation doesn't encroach onto the property of others in order to protect retained properties and enable the recovery of costs in the event that they have to cut it back. Check if there is anything like this if your property was previously owned by the council or HA. If it does, you need to be aware that they may be able to cut it back and then take you to small claims to pay. There will be lots of legal complications in relation to this......but it is a place to start before taking the decision to do nothing.

If your property is not ex-LA, then the neighbour has the right to cut back to the boundary in order to alleviate the nuisance of your encroaching tree. It would be nice if they did this with the same TLC as if they owned the tree .....but that rarely happens. Some will cut back with a rusty old chainsaw or hack the tree back leaving it forlorn and bedraggled but they care not....and why should they...the tree is nothing but a nuisance to them.

So as Despair has said, if you like the tree and want it pruned sensitively then DIY....if you also care little about the tree (and you are not subject to HA/LA clawback for costs) then leave the HA to hack away at it.
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Re: Cost of lopping branches overhanging neighbouring garden

Postby arborlad » Mon Jul 04, 2016 9:28 pm

Angie360 wrote:A housing society has requested that I lop an overhanging branch from a tree in my garden (I own my property). Do I have to do this? I understood that overhanging branches could be lopped without permission. If I do not do as requested and the Housing society arrange for the branch to be lopped am I liable to pay their expenses?



Only if you agree to it before work commences - otherwise no or highly unlikely, also check for any statutory protection the tree may have, Tree Protection Order - Conservation Area.
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smile...it confuses people
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Re: Cost of lopping branches overhanging neighbouring garden

Postby Angie360 » Tue Jul 05, 2016 4:39 pm

Thank you. My house was built 60 years ago (ex council) and the HA properties were only built 5 years ago. I have written to them saying the can lop the branch affecting their property but have not mentioned or agreed to pay any costs. Fingers crossed they don't try and get clever and send me the bill!
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Re: Cost of lopping branches overhanging neighbouring garden

Postby raymilland » Wed Jul 06, 2016 7:28 am

Is there anything preventing you from doing this yourself given it's your tree and only 1 branch? You could then trim it well back from the boundary giving additional years before it becomes a nuisance for your neighbours again
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Re: Cost of lopping branches overhanging neighbouring garden

Postby Angie360 » Thu Jul 07, 2016 2:28 pm

It will require a chainsaw and ropes to ensure damage is not done to HA property. I am not confident that it could be done without involving professionals.
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