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Tree Pruning

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legal girl | 14:30 Wed 29th May 2013 | Home & Garden
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Our neighbours have a horse chestnut tree that overhangs in our garden. Are we within our rights to prune the branches that overhang our property? Also, what is the best time to prune? We have considered speaking to our neighbours and saying that if we arrange for someone to prune the tree would they go halves with us? It seems a bit unfair to me that we may have to pay to get a tree pruned that isn't even ours but we don't want to fall out with our neighbours and at least if we organise the pruning we know it will get done. Also, don't suppose anyone has any idea of the cost to prune the tree?
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Your basic right is to prune the tree back to the joint boundary, but you must give the prunings to your neighbour. I think the best thing would be to approach your neighbour in friendly fashion, discuss the situation,and hopefully come to some agreement.
As I understand the law, you do have the right to cut back any branches that overhang your property, but you have to give what you cut off back to the tree owner. The best time to prune - if you want to be really precise about it - is in winter, when the sap is not rising, but you can get away with it at almost any time of year. As I do my own pruning, I'm afraid I don't know what it would cost to have the work done. If you ask the neighbours to go halves with the pruning cost, be prepared for a flat refusal.
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I don't think I was clear enough in my question. When I said ask the neighbours to pay half, I meant half of the cost of pruning the whole tree and not just our side. That is always supposing that they agree it needs pruning too!!

Don't know the whole story, might be worth checking it doesn't have a Tree-protection order on it, as I think anyone can apply for one of those.
I agree with Baldric, you really need to approach your neighbours gently. The costs vary enormously from area to area. If you do both decide to have tree pruned get several quotes before having any work done.
How much, that will depend on quite a few factors like, what is happening to the cut off materiel, how big is the tree, how much is to be cut off, does the tree have a preservation order. No one can even give even an estimate without knowing this info, I used to be a tree surgeon and I know that the price for such jobs can range from £100 to many hundreds of £s
If the branches hang over your property, the roots almost certainly will be under your property. Conker trees can grow huge, so unless this is a country garden with acres of space to spare, it seems somewhat unreasonable to have such a huge tree in a garden at all. You had better check there is nothing close to the tree on your side which might be damaged by roots. The law actually states, unless it has very recently been changed, that you may only cut the neighbour's overhanging vegetation if they have unreasonably refused to do it themselves, when asked. But it may well be protected, as perhaps it should be. Local council will tell you if there is a protection order.
Near me there is a house which used to have conker trees; the owners tried to prune, but ended up having to fell, because the pruning was unsuccessful. You might well consult the Citizens Advice Bureau, or you may end up with more than you bargained for.

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