Trees

[cfd]

I have a large tree in my garden which overhangs a neighbours property and is causing problems. Although the tree predates any housing on the site including my older house it is very near to the neighbours house and ideally they would like it to be totally removed. I am reluctant to do this - it is a beautiful tree and the focal point of my garden. I have already agreed that any brances overhanging their property can be removed. Am I legally responsible to have this done or to pay for the work? I would appreciate any advice on the rights and responsibilities of tree ownership!!

Thanks
cfd

[Ethel]

It is your legal responsibility.

If you don't do it, they can arrange for the work to be done and recover the monies from you.

[aristotle]

If the tree's been there longer than the houses and is as you describe it, it may well have a Tree Preservation Order on it which will dictate what works can and cannot be done. You will need to check that with your local council.

[cfd]

Thank you Ethel and Aristotle for your advice
cfd

[themas]

I'm not sure about Ethel's answer. There's a strong case for saying that ethically or morally you should pay (and, clearly, if you decided to have the tree removed, it would be your responsibility to pay and the cost would be far greater than just pruning it), but I would question whether there is a legal right for the neighbour to recover the cost they have incurred from you. It seems to me that it could well be argued that, if they want to be able to do this, they should seek your agreement in advance to the estimates of cost which they will have obtained, and give you the opportunity to get estimates of your own.

[lady_p_gold]

As previously stated you should check with the Council before any work is done. Equally your neighbours can apply for permission to have the work done (if the tree has a Tree Preservation Order on it or is in a Conservation area) I am not so sure that it is your responsibility unless the trees are causing some sort of harm or danger to your neighbour If your neighbours want to cut the overhanging branches they have a right to do so and if they wish to do so then they can pay for it however they should ask your permissin (and offer the cuttings back)