We have a six foot fence surrounding our garden (all homes have the same) and the home back to back with us has two huge trees at the foot of their garden. The trees we dont mind as it gives us privacy and we have always kept the overhang trimmed to save it rotting our fence. The house has recently been sold and the new owners put up an additional fence at their end of the garden so it is now effectively our garden, fence, trees, fence, then their garden.
Over the weend they have completely prumed back the trees (completely their perogative) however they have not done anything with the branches, some are in between the fences, some thrown in our garden, some even in the neighbour to our right. Can we throw the branches back over onto their garden? When i say branches some of them are huge and they were using a chain saw to get through them, but have just abandoned them!
Unless I'm very much mistaken, you are legally obliged to chuck 'em back (sorry, return them to the owner of the trees)! The law on this is that you are entitled to cut off branches that are overhanging your garden, but you are obliged to give the branches back to the tree owner. So - start chuckin'!
I admit it's a bit off and they really should have spoken with you about it (if only to warn you of the noise - you may have had a b b q planned or something) however, it's only Monday now so perhaps they will contact you to clear up the mess - if not why not politely ask them when they intend to do so? Also I'm curious to know how anyone could allow large branches to fall in someone elses garden in the first place - nowt a squeer as folk
the funny thing was the guy was physically up in the tree and gave us a wee wave, said hello and carried on with the chopping. We were heading out so just assumed that when he was finished anything that happened to have crossed into our garden would be cleared.
My husband said to leave it today just incase when we get in they have been round to clear up after themselves. He's more logical than me! I was riled from the moment i saw the mess in our garden!! Grrr
If it was me I'd ask permisssion to come on to your garden and collect the branches etc, maybe they are a bit shy in asking? But as others have said, you can chuck it back over.
Yes, they might be shy or bit reluctant to come to your garden to clear without asking your first. After all law is changing about allowable force against anyone on your premises so apprehension is understandable. So they might be a bit confused about what to do. Perhaps you should ask the round for a cup of coffee or tea and mention about that and ask if they would take the branches away themselves or would rather have you drop them around?
Or they could be gits. I suppose you have to decide what sort of tact you want to take - good cop or bad cop. My neighbours are odd and I have told them that I will be cutting the ivy back and if any bits fall into their garden to chuck them back over (haven't actually got round to it yet though!).
Although not relevant in this instance... to correct some above who have said if you cut off overhanging branches you are legally obliged to give them back so chuck them over the fence...
If you cut branches off a overhanging tree you are NOT allowed to just chuck the branches over the fence, you are required by law to offer the branches back to the owner of the tree but if they refuse them it is your responsibility to dispose of them.
Update for you all. I came home last night to find the garden completely cleared and a pot plant on my front step with a card. The card said it was to apologise for the mess made to our garden and that they had cleared the branches up while we were out at work, they hadnt done it earlier as he had got a splinter of wood in his eye! Dont i feel like the big bad bloomin neighbour now!! Awh well all ends well (apart from the dodgy eye!)