MY tree overhanging branches, neighbor wants to keep.

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Baton68
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Joined: Tue Oct 05, 2010 12:42 pm

MY tree overhanging branches, neighbor wants to keep.

Post by Baton68 » Wed Aug 10, 2016 12:23 pm

Hello,

a strange one here, we want to trim back, or maybe remove, our pollarded oak tree, but the neighbour doesn't want the overhanging branches trimmed at all.

Some of the branches overhang our boundary wall, but the neighbour wont let us trim them back to our boundary. What are our options please?

Can we just chop branches off from our side and hope that no debris fall's on the neighbours land? Would we be liable if we removed the overhanging branches without his permission from our side of our wall? Can we remove the tree full-stop after we have the Council's blessing even with the overhanging branches?

Thanks for any advice.

arborlad
Posts: 7783
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: MY tree overhanging branches, neighbor wants to keep.

Post by arborlad » Wed Aug 10, 2016 2:01 pm

Baton68 wrote:Hello,

a strange one here, we want to trim back, or maybe remove, our pollarded oak tree, but the neighbour doesn't want the overhanging branches trimmed at all.

Some of the branches overhang our boundary wall, but the neighbour wont let us trim them back to our boundary. What are our options please?

Can we just chop branches off from our side and hope that no debris fall's on the neighbours land? Would we be liable if we removed the overhanging branches without his permission from our side of our wall? Can we remove the tree full-stop after we have the Council's blessing even with the overhanging branches?

Thanks for any advice.

Not as strange as one might think, frequently when asked to remove some overhanging branches and you talk to neighbours about access etc., you find bird feeders, chimes, swings attached to the branches that they'd like to keep there, other times they simply like the branch being there. A pollarded oak with some age will have a lot of bio-diversity to it.

What are your reasons for wanting to remove the tree?...........provided the tree doesn't have any statutory protection, TPO /conservation area and stands wholly on your land, it's your tree to fell if you wish. Check for bats and nests.
arborlad

smile...it confuses people

Baton68
Posts: 13
Joined: Tue Oct 05, 2010 12:42 pm

Re: MY tree overhanging branches, neighbor wants to keep.

Post by Baton68 » Wed Aug 10, 2016 3:18 pm

Hello and thanks for the quick response.

We live in an AONB and will replace it with tall fruit or flower bearing plants to encourage the local wildlife. The tree itself hasn't had bird nests for quite a few years. The cats walk along the wall and destroy the nests. We have quite a few large cherry trees, conifers and very old hardwoods, as well as large hedges adjoining our other neighbours.
The bats live in our attic space ;)

Reasoning is that it is just too big and needs a lot of maintenance. If the garden was larger I would hesitate. The roots are also spreading across the tarmac drive to neighbouring properties and lifting the tarmac.

Just checked with the local Council, no issues with Conservation Area, as we're outside and no preservation orders.

Thank you for your time again.

despair
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Re: MY tree overhanging branches, neighbor wants to keep.

Post by despair » Wed Aug 10, 2016 3:33 pm

Tell the neighbours you have no option but to remove the tree because otherwise your insurance Co will not cover the root damage etc

Treeman
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Re: MY tree overhanging branches, neighbor wants to keep.

Post by Treeman » Wed Aug 10, 2016 4:10 pm

despair wrote:Tell the neighbours you have no option but to remove the tree because otherwise your insurance Co will not cover the root damage etc

Why would you even lie to them, they have no say in the matter

despair
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Re: MY tree overhanging branches, neighbor wants to keep.

Post by despair » Wed Aug 10, 2016 5:30 pm

well aware they have no say but the fact roots are damaging drives is true and insurance co wont cover the OP if they fail to take action

Treeman
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Re: MY tree overhanging branches, neighbor wants to keep.

Post by Treeman » Wed Aug 10, 2016 6:41 pm

despair wrote:well aware they have no say but the fact roots are damaging drives is true and insurance co wont cover the OP if they fail to take action
So you would lie to your neighbour then? :cry:

despair
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Re: MY tree overhanging branches, neighbor wants to keep.

Post by despair » Wed Aug 10, 2016 7:06 pm

In the situation the OP faces yes

Treeman
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Re: MY tree overhanging branches, neighbor wants to keep.

Post by Treeman » Thu Aug 11, 2016 5:08 pm

despair wrote:In the situation the OP faces yes

So there you have it folks, even if you are in the right, lie through your teeth :roll: :roll:

SwitchRich
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Re: MY tree overhanging branches, neighbor wants to keep.

Post by SwitchRich » Wed Oct 05, 2016 10:38 am

Treeman you are being too precious. A little white lie that helps you achieve what you want AND maintain good neighbourly relations is OK in my book.

arborlad
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Location: Hertfordshire

Re: MY tree overhanging branches, neighbor wants to keep.

Post by arborlad » Wed Oct 05, 2016 11:23 am

Baton68 wrote:Hello,

a strange one here, we want to trim back, or maybe remove, our pollarded oak tree, but the neighbour doesn't want the overhanging branches trimmed at all.

Some of the branches overhang our boundary wall, but the neighbour wont let us trim them back to our boundary. What are our options please?

Can we just chop branches off from our side and hope that no debris fall's on the neighbours land? Would we be liable if we removed the overhanging branches without his permission from our side of our wall? Can we remove the tree full-stop after we have the Council's blessing even with the overhanging branches?


Thanks for any advice.


Now we have a fuller understanding of the situation, explaining your reasons as you have done here, might well get you the access that will make the process easier, being open and honest is always preferable to lies and deception. Without a photo it's difficult to advise, one option would be to fell the tree as-one, which would have the effect of removing the overhanging branches from their airspace to yours.

What are your neighbours reasons for wishing to retain the overhanging branches?
arborlad

smile...it confuses people

Treeman
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Re: MY tree overhanging branches, neighbor wants to keep.

Post by Treeman » Sat Oct 08, 2016 7:58 am

SwitchRich wrote:Treeman you are being too precious. A little white lie that helps you achieve what you want AND maintain good neighbourly relations is OK in my book.

A lie is a lie whatever way you choose to describe it.

In this case seeing through the lie is as simple as can be. When they find out they have been lied to "good neighbourly relations" are going down the toilet.

arborlad
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Location: Hertfordshire

Re: MY tree overhanging branches, neighbor wants to keep.

Post by arborlad » Mon Oct 10, 2016 9:32 am

despair wrote:In the situation the OP faces yes

I wonder how many lies you have told your neighbours.................and us!
arborlad

smile...it confuses people

COGGY
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Re: MY tree overhanging branches, neighbor wants to keep.

Post by COGGY » Mon Oct 10, 2016 10:58 am

The OP wants to cut down his own tree. He has every right to do so. Why should he lie? Regards Coggy

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