Trees on bounday line

Trees on bounday line

Postby K80BRD » Tue Oct 16, 2012 9:39 am

Firstly my apologies if this has been covered before, but I have trawled many posts on similar issues but none of them have exactly the same circumstances.

Our garden is completely overshadowed by two huge trees, one ash and one oak. These are sited exactly on the boundary line between ours and our neighbour's property, the boundary line would split the trunks in two. They are within 10m of our house.

Some years ago, shortly after moving in, the previous boundary fence fell down (due in part becasue of these trees pushing against it, as they lean our way). When we replaced the fence we bent it around the trees so as not to have to stop/start the fence at each trunk. This now therefore gives the appearance that the trees belong in our neighbour's garden, although in fact they are right on the boundary. The deeds say that this boundary is our responsibilty to maintain.

My question is this - Are we within our rights to remove or pollard said trees, or do our neighbours have joint ownership of them? We are prepared to pay for the work, but our neighbours are unfortunately particularly hostile to anything which would help us enjoy our property, so I know they will not co-operate or give permission if asked.

Thanks for any advice.
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Re: Trees on bounday line

Postby despair » Tue Oct 16, 2012 12:41 pm

Technically you could take a chainsaw and vertically slice the trees from base to the top at the boundary line

this may kill or destabilise the trees and then you could enter another problem
so you need advice from an Arboriculturalist on the effects

however it is a bargaining point you need to use with your intransigent neighbours because they need to remember you have a common law right to cut back roots and branches and even trunks to the boundary
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