Disposal of hedge debris - who's responisble?

Disposal of hedge debris - who's responisble?

Postby BrentfordBob » Mon Jul 23, 2012 8:21 am

My neighbour has said he wants to have access to my garden to prune back some conifers that grown on his side of the fence. No problems there.

He then tells me that he's going to leave the debris in my garden for me to dispose of - as this is "the law".

This doesn't sound right to me - any ideas, anyone?
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Re: Disposal of hedge debris - who's responisble?

Postby mr sheen » Mon Jul 23, 2012 8:59 am

Since you own the trees, the arisings are your property so taking them without your consent can be considered stealing (dates back from times when wood was worth money and fruit grew on trees) so the arisings have to be offered back to the owner. In this day and age the arisings are a bit of a problem since disposing of them is a chore so cue potential for dispute.

If you let him know that you don't want them, he SHOULD then dispose of them but there are many cases here of them being thrown over to the owner and there is no simple solution. If you want to live in peace with the neighbour agree a reasonable solution amicably like you or he takes them to the recycling centre - this would benefit both sides and avoid a dispute.

The encroaching of trees onto the land of others causes endless disputes and an amicable outcome will ensure that he takes care when pruning them back from his land as oppose to getting out the rusty old chain saw and weilding it at them with disregard for the trees (which he could do) and then throwing the arisings over to you.
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Re: Disposal of hedge debris - who's responisble?

Postby Rowan » Mon Jul 23, 2012 9:51 am

BrentfordBob wrote:My neighbour has said he wants to have access to my garden to prune back some conifers that grown on his side of the fence. ...........

I think the OP is saying the trees are growing in the neighbours garden

mr sheen wrote:Since you own the trees, ................

If so then the neighbour owns the trees and therefore the cut off branches

Perhaps the OP would confirm the ownership of the trees :)
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Re: Disposal of hedge debris - who's responisble?

Postby despair » Mon Jul 23, 2012 10:33 am

I agree we need to know exactly whose trees they are

If they do actually belong to the neighbour then not only is he responsible for removing and disposing of his own arisings he also is responsible for any damage that occurs to plants etc that he causes on the OPs side
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Re: Disposal of hedge debris - who's responisble?

Postby mr sheen » Mon Jul 23, 2012 10:47 am

If the trees belong to the neighbour he does not have to cut them back on the OP's side if he doesn't want to.

An amicable discussion about what both sides want and are willing to accept is the way to go to get a satisfactory outcome for both sides.
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Re: Disposal of hedge debris - who's responisble?

Postby BrentfordBob » Mon Jul 23, 2012 4:10 pm

Wow! Didn't expect such a quick response - thanks all!

Just to clarify, it's a conifer type hedge/series of trees that are rooted on his side of the fence. The main trunks/stems are also on his side but there are some branches that rise above the height of the fence and then hang into my garden.

Also, please excuse my original and extremely poor attempt at spelling the word, responsible! :D
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Re: Disposal of hedge debris - who's responisble?

Postby WILL*REMAIN*STRONG » Mon Jul 23, 2012 6:03 pm

If the hedge is growing in his garden, and he accepts that it is his hedge, why would he expect you to dispose of the clippings? Unless, he is cutting his hedge for you, as a neighbourly gesture. If he is doing you a favour, then perhaps you could meet him half way and help with the clear up. Otherwise, it is a joke to expect you to clear up his mess whilst you are giving him access for his works. :roll:
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Re: Disposal of hedge debris - who's responisble?

Postby appledore » Mon Jul 23, 2012 6:32 pm

If the hedge belongs to your neighbour then he should clean up the mess. Why should you clean up after him?
Keep calm and carry on.
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Re: Disposal of hedge debris - who's responisble?

Postby despair » Mon Jul 23, 2012 6:38 pm

Ditto

His hedge

his problem

Should have been planted so it was totally retained within his boundary
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Re: Disposal of hedge debris - who's responisble?

Postby Anthony Westoby » Mon Jul 23, 2012 8:04 pm

Despair,

Why does the man need access to the OP's garden if they are his trees?

Perhaps they may be easier to trim that way.

Or has he offered to do the trimming for the poster?

The trouble with planting Leylandii ----- Are they Leylandii? ------- is that they seem to be always planted as a boundary hedge and never for the right reason.

TonyW
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Re: Disposal of hedge debris - who's responisble?

Postby despair » Mon Jul 23, 2012 8:11 pm

Tony

Even you should know that any hedging trees even laurels planted too darn close to the boundary cant be cut back within the owners land unless they are going to savagely cut back into brown /dead wood and look a B awful mess on the OPs side

The whole problem with either trees or hedging is no one ever reads the "height and spread in 10 years info "
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Re: Disposal of hedge debris - who's responisble?

Postby arborlad » Mon Jul 23, 2012 8:26 pm

Anthony Westoby wrote:Despair,

Why does the man need access to the OP's garden if they are his trees?

TonyW


I have no idea why you're asking despair to speculate, but this may answer your query:

BrentfordBob wrote: there are some branches that rise above the height of the fence and then hang into my garden.

arborlad

smile...it confuses people
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Re: Disposal of hedge debris - who's responisble?

Postby Treeman » Mon Jul 23, 2012 8:30 pm

despair wrote:Tony

Even you should know that any hedging trees even laurels planted too darn close to the boundary cant be cut back within the owners land unless they are going to savagely cut back into brown /dead wood and look a B awful mess on the OPs side

The whole problem with either trees or hedging is no one ever reads the "height and spread in 10 years info "



Errrrrr anything deciduous will grow back well and laurel responds particularly well to hard pruning.
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Re: Disposal of hedge debris - who's responisble?

Postby despair » Mon Jul 23, 2012 10:13 pm

I am well aware that deciduos hedging will grow back after hard pruning as will Laurel however if the latter has been allowed to get out of hand and produce thick trunks and branches it can look a B awful mess for quite a long time

Conifers of course simply will not respond to being cut back into brown wood
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Re: Disposal of hedge debris - who's responisble?

Postby COGGY » Tue Jul 24, 2012 1:34 pm

If the neighbour is cutting off branches that overhang then it my be advisable to agree to dispose of the cut off parts. I appreciate it is his tree but he is being helpful in cutting off the overhang. Many people in his position do not consider the neighbour at all. Maybe chatting over a cup of tea, whilst he is cutting, may encourage him to help dispose of the cuttings. Good neighbours are worth their weight in gold. We have one good and one bad (neighbours not trees).

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