By 79treifor
United Kingdom
I have a oak tree hanging over my garden ,its about 50ft high, the neighbour will not trim the tree, what is the law
- 28 May, 2015
Answers
Hi, welcome to GoY, the law states that you are legally entitled to remove any branches that overhang your property line, either at fence level or above, you're not allowed to cut any branches off, that do not overhang the boundary, you must also return anything you cut off, to your neighbour, a they are his/her property, I would just ask your neighbour where he/she would like you to put what you cut off, this can sometimes spur them on to do something about this sort of problem, or you could offer to help the neighbour to trim the tree, Derek.
28 May, 2015
Hi Bamboo, sorry crossed again, Derek.
28 May, 2015
be careful that the oak is not protected by the local council or you could be in serious trouble, the fine could be in the thousands.
28 May, 2015
I agree with Fred - check with the council first. There are lots of trees that I would consider worth of chopping if they overhung my property - an oak is not one of them. I would say be grateful that it is an oak and not a leylandii and enjoy it.
29 May, 2015
Be glad not weeping willow, my neighbour wont trim his two and they are a nightmare with all the rubbish and bits they shed constantly. He just says 'feel free to trim but dont make the tree lop sided'. Only trouble is, they hang MORE than halfway my side, so they are never going to look right if taken back to boundary. Deep breath, and further tactical negotiation I think, when I can find the energy! Neighbours!!
29 May, 2015
Well if he didn't want it cutting lopsided he should have planted it further away from the boundary. Weeping willows should come with hairnets - would save a lot of bother.
29 May, 2015
You only have to offer the cut bits back to your neighbour. He is not required to dispose of them.
31 May, 2015
You are entitled to remove any and all branches and foliage which cross your boundary line - but only to the boundary with next door and no further. Legally, any such material removed from the tree belongs to your neighbour, so you're supposed to ask if they want it before you dispose of it. It's often more tactful to not ask, but just to get rid of the prunings!
28 May, 2015