Overhanging branches onto other properties

Mikethegolf | 08:18 Mon 27th Jul 2009 | Law

4 Answers

Can overhanging branches, twigs etc be broken snapped or torn off and thrown into the "Tree owners" garden or do they have to be cut or pruned & handed back. With the tree ownes agreement can they be disposed of without retuning them to the owner?

Overhanging branches onto other properties

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andy-hughes

You probably can tear them off and throw them over, but that's not the way to build neighbourly relationships!

Best is to ask your neighbour if they mind you lopping the branches that overhang your property. You don't need their permision, but it's just courtesy. Then ask them if you should dispose of the cuttings. ideally they will say they will do that, if you pass them over, if not, then you do it, it's simply not worth getting into an argument about.

cassa333

Legaly you are permitted to cut back to the boundry and no further and must offer the arrisings back. If they refuse them you then have to dispose of them yourself.

If your neighbour had a hugemungas tree with branches reaching far over your property you would still be responsible for doing the same as if it were a twig.

unless you can get your neighbour to do it or pay for it to be done then it falls to you to pay.

Mikethegolf

Question Author

Thank you for your responses, regretably next door hasn't spoken for years & will not allow me access to trim the tree in question so thinks it is fine to brake the braches (not cut) & then throw them into any part of my garden, which on occasions damages the flowers.

Paul21455

A little belatedly, as cassa says, you are within your rights to trim any overhang, back to the property boundary. Prior to doing so, it would be advisable to write to your neighbour, telling him/her of your intention to do so.

This would give them the opportunity to do it before you, and then if you get no response, go ahead and cut them back.

Send your letter of intention by recorded delivery.

Any clippings remain the property of your neighbour, and should be offered to them.

If they refuse to accept same, dispose of accordingly.

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