overhanging branches

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clair.smith

overhanging branches

Post by clair.smith » Wed Mar 02, 2005 3:19 pm

My weeping willow tree has branches which overhang onto my next-door neighbours property. They are getting someone out to chop down the branches and want me to pay half of the cost. Am I obliged to pay this?

Guest

Post by Guest » Wed Mar 02, 2005 4:06 pm

Under current law no you are not obliged to pay anything
However since its your tree which is invading/trespassing on your neighbours space and since IMHE if you cut back Willow it simply grows even faster this will become an ongoing problem and probably a lot of bad feeling and a neighbour dispute

Hence i would give the entire matter serious consideration
Willows can grow very large and rheir roots can easily get into drains plus they suck large quantities of water out of the ground

If you have clay soil and the tree is near the house then more problems could ensue

Get a tree surgeon to give you advice

Cytania
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Post by Cytania » Wed Mar 02, 2005 4:14 pm

You do not have to contribute to your neighbours costs and doing so might be seen as an admission of liability. Likewise if you don't agree with what your neighbour is charged for tree services there is much scope for disagreement. Clubbing in together causes more disputes than it solves. I'd stay well out of the whole business.

The remarks about willow are accurate, it's a bad tree to have close to property but the law takes a robust view of trees and their branches. Trees grow, their owner can't help it if they overhang, if people don't like the shade then it's up to them to trim back, but only to the property boundary.

Your neighbour may also try and present you with the clippings. You may accept these (need firewood?) but you may also decline and then the responsibility for disposal is theirs also.
They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em

Alan Harris
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Post by Alan Harris » Thu Mar 03, 2005 9:31 pm

Dear Clair

I agree that the law does not require you to pay but ultimately it is your tree and you will be responsible for any nuisance caused by your tree so my feeling is that you ought to fund any work carried out to prevent your tree being a nuisance. No liability though!

Regards

Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.

Beech
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Post by Beech » Wed Mar 09, 2005 6:46 pm

when our neighbour said a tree was dropping petals onto his car he trimmed it back. He gave us back the branches.

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