Overgrown trees private road

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Upthecountry
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Joined: Sat May 12, 2018 11:04 am
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Overgrown trees private road

Post by Upthecountry » Thu Dec 06, 2018 4:05 pm

I live on a private road. One of my neighbours trees have grown half way over the road and into the telephone cables affecting my phone lines. The neighbour has been asked to cut his trees many times by other neighbours to no avail. I've contacted the council and they have said there is nothing they can do as it's a private road. Delivery men constantly complain as the trees are on the road. Any advice please.

mr sheen
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Joined: Fri Feb 27, 2009 2:33 pm

Re: Overgrown trees private road

Post by mr sheen » Thu Dec 06, 2018 4:43 pm

You can ask the neighbour in writing to cut them back from your telephone lines. You can ask your phone line provider to deal with the matter which they may or may not take action.

Before taking any action check that the trees are not protected and that you are not in an area where trees are protected en masse eg conservation area. Council tree officer could help you.

If the trees really are affecting your phone lines, then following notice of your intentions to the tree owners, you can cut the branches back from touching the phone lines but no more, and this will be at your cost. You must give them written notice because they are not overhanging your boundary but are interfering with your rights, so you can only restore your rights (ie to have utilities to your property).

If the trees interfere with the right of way to and from your property (and you have a legal right of way via vehicles) by deliveries etc then you can request the trees are cut back by the owner such that they do not affect your right of way, and if he doesn't then you can give notice of your intention (or as a group of neighbours the intention) to cut the trees back so that deliveries are not affected and this would be at your cost and must be cutting back just the minimum just to allow your right of way not to be interfered with. You can try to recover costs in court but this can be difficult and chances are you won't get your money back, especially if the owner can prove that they were not interfering enough.

IdefixUK
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Re: Overgrown trees private road

Post by IdefixUK » Thu Dec 06, 2018 5:56 pm

mr sheen wrote:
Thu Dec 06, 2018 4:43 pm
You can ask the neighbour in writing to cut them back from your telephone lines. You can ask your phone line provider to deal with the matter which they may or may not take action.

Before taking any action check that the trees are not protected and that you are not in an area where trees are protected en masse eg conservation area. Council tree officer could help you.

If the trees really are affecting your phone lines, then following notice of your intentions to the tree owners, you can cut the branches back from touching the phone lines but no more, and this will be at your cost. You must give them written notice because they are not overhanging your boundary but are interfering with your rights, so you can only restore your rights (ie to have utilities to your property).

If the trees interfere with the right of way to and from your property (and you have a legal right of way via vehicles) by deliveries etc then you can request the trees are cut back by the owner such that they do not affect your right of way, and if he doesn't then you can give notice of your intention (or as a group of neighbours the intention) to cut the trees back so that deliveries are not affected and this would be at your cost and must be cutting back just the minimum just to allow your right of way not to be interfered with. You can try to recover costs in court but this can be difficult and chances are you won't get your money back, especially if the owner can prove that they were not interfering enough.
This seems to be very sensible advice, however what must one do with the arisings in this sort of case? Would the rules be the same as if the branches grew across a boundary..ie.offer them back to the owner? Shouldn't the OP make first complaint to the owner of the road insisting that it is kept clear?

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