Home and Garden

[allidockree]

When my fathers trees/bushes overhang in next doors garden, the neighbours are legally allowed to trim them. Should they really throw all the cuttings back into the garden though? Thats what she does and it drives my Dad wild. He has asked her not to do this but she waits until he has gone out!

[Postdog]

It's his property. As you said, because it infringes her property, she has a right to trim them. She's only complying with the law in that respect by returning what she has removed. More to the point, it is not her tree, it is not in her garden, why should she waste money or time getting rid of the stuff when it is not her duty to do so.

check this site (you have to scroll down)

http://www.gardenlaw.co.uk/trees.html

[smurfchops]

Perhaps your father could trim his own bushes before they overhang into next door, then he wouldn't have the problem with the neighbour ? Like Postdog says, they are his property, so of course it is her right to throw the cuttings back. Perhaps she does it when he is out, so they don't have an argument over the fence about it !

[allidockree]

Yes, I agree with you both but I just wish she wouldn't be so nasty to my dad. He is in his 60's and unable to climb. I am going to ask him to get her to come to an agreement that when she cuts them, rather than just throwing them over the (6 ft) fence, he could supply her with bags and he would then be responsible for getting rid of it? When he gets home, it is scattered all over the place and he cannot bend down to pick it up very easily.

[allidockree]

Thanks for the web details postdog, I will check it out.

[WendyS]

Yes, all the previous posters are quite correct in that your neighbour doesn't have to dispose of the lopped branches herself and the law is quite clear that lopped branches have to be returned to the legal owner of the tree. Why should she have to go to the bother of clearing away rubbish which doesn't belong to her?

I'm sure having the cuttings strewn all over his garden is annoying to your father, but it's probably equally annoying to his neighbour having them intrude over her fence, invading her space and shutting out her sunlight. And if you're father is irate about it, I'd be tempted to do the same and keep out of his way too !

Seriously, the only way for your dad to avoid this hassle is to take responsibility for the trees and get somebody in on an annual basis to prune them back and take away all the rubbish.