Trees resting on fence

Trees resting on fence

Postby Lenmar » Sun Aug 10, 2014 9:30 am

Hi all,

My neighbour has not been living at home for 2 years and the garden is in a complete mess. The overhanging branches of a willow tree are bearing down to such an extent that they are about to break a fence panel. Whilst I know I can cut back to the fence, can I cut past it? The fence is his property on that side so if it breaks what power do I have to get him to repair it?
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Re: Trees resting on fence

Postby MacadamB53 » Sun Aug 10, 2014 9:54 am

Hi Lenmar,

Whilst I know I can cut back to the fence

correct - because you own up to the fence.

can I cut past it?

see above

if it breaks what power do I have to get him to repair it?

none whatsoever - if his TV packed in you'd have no rights there would you?

Kind regards, Mac
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Re: Trees resting on fence

Postby Lenmar » Sun Aug 10, 2014 10:02 am

But I don't want to watch his TV
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Re: Trees resting on fence

Postby humptydumpty » Sun Aug 10, 2014 10:06 am

Lenmar wrote:Hi all,

My neighbour has not been living at home for 2 years and the garden is in a complete mess. The overhanging branches of a willow tree are bearing down to such an extent that they are about to break a fence panel. Whilst I know I can cut back to the fence, can I cut past it? The fence is his property on that side so if it breaks what power do I have to get him to repair it?


Hi Lenmar,

I would think that as the fence is his, you can cut back to it but not beyond.

If the fence becomes damaged, you are powerless to force repair, or even repair it yourself. If it falls onto your property you may remove it, but must return the fencing materials (and tree cuttings) to your neighbours garden.

You should first try to contact your neighbour.
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Re: Trees resting on fence

Postby Lenmar » Sun Aug 10, 2014 10:26 am

Had to pay a private detective to find my neighbour. He won't talk to me direct so I forwarded his details to local council as they are chasing for council tax. Just wanted to know where I stood, if anywhere, so I can decide what to do.
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Re: Trees resting on fence

Postby MacadamB53 » Sun Aug 10, 2014 11:16 am

Lenmar wrote:But I don't want to watch his TV

Hi Lenmar,

I was drawing your attention to the fact you are asking about somebody else's property.

Kind regards, Mac
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Re: Trees resting on fence

Postby Lenmar » Sun Aug 10, 2014 11:52 am

Mac,

So if your neighbours house was on fire you wouldn't be concerned at all because it was his property being damaged?

Exactly.

When someone elses property has the potential to cause damage to our own (my dog escaping for one), then we will question our rights.

Regards
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Re: Trees resting on fence

Postby MacadamB53 » Sun Aug 10, 2014 1:13 pm

Hi Lenmar,

When someone elses property has the potential to cause damage to our own

that is not what you asked about.

my dog escaping for one

if you don't have your dog under control then you are committing an offence - the neighbour isn't involved in your dog ownership.

as for what I'd do if I saw a house on fire - I'd call the fire brigade. I wouldn't claim I had a right to demand the house be repaired though (unless it was causing a legal nuisance or damage - but that is not what you asked).

believe it or not, some folk do post on here thinking their neighbour MUST maintain their fence for the poster's benefit. Your opening post looked like such a post:

if it breaks what power do I have to get him to repair it?

answer = none

Kind regards, Mac
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Re: Trees resting on fence

Postby arborlad » Sun Aug 10, 2014 2:08 pm

Lenmar wrote: The overhanging branches of a willow tree are bearing down to such an extent that they are about to break a fence panel.



If you can take remedial action to prevent damage to the panel, it's in both your interests to do so, even if it means cutting a little further than you should.




The fence is his property on that side so if it breaks what power do I have to get him to repair it?



If the panel does get broken, simply donate a panel to the neighbour.
arborlad

smile...it confuses people
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Re: Trees resting on fence

Postby Lenmar » Sun Aug 10, 2014 2:44 pm

Thanks Arborlad,

That was my intention, I just wanted to hear someone else thought the same.

Regards
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Re: Trees resting on fence

Postby MacadamB53 » Sun Aug 10, 2014 3:45 pm

Lenmar wrote:Thanks Arborlad,

That was my intention, I just wanted to hear someone else thought the same.

Regards

Hi Lenmar,

then why didn't you ask?!?!

(note that arborlad didn't address your question)

Kind regards, Mac
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