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Overhanging trees (again).

Re: Overhanging trees (again).

Postby theycantdothat » Sat Jun 17, 2017 9:47 am

There is no obligation on the neighbour who has cut a tree back to dispose of the arisings if the tree-owning neighbour does not want them. He is in the same position as if the arisings came from his own tree.

Going onto or otherwise interfering with someone's land without their pemission is trespass. There is implied consent to go onto someone's land for a whole range of purposes which I shall not attempt to list. The implied consent may be withdrawn either before or after entry on the land. We can safely say that there is no implied consent to throw arisings over the fence and into your neighbour's garden. There is also no implied consent if the neighbour has indicated he does not want the trimmings. Leaving something on someone's land he does not want (and indeed does not own since he has disclaimed ownership) is an interference and therefore trespass. If you bag the trimmings up and leave them on your neighbour's land without his permission the position is not quite so clear cut as you are returning his property to him. However, a common sense approach is required. You need to ask yourself whether the neighbour is likely to want what you are thinking of leaving. It also has to be a question of degree. There is a big difference between one black bag filled with hedge trimmings and half a tree.

What it comes down to is that if you decide to cut back a neighbour's tree that is your decision and you have to take the consequences if the neighbour declines to accept the arisings.
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Re: Overhanging trees (again).

Postby Hairyloon » Sat Jun 17, 2017 3:57 pm

Except that it is your tree that was doing the trespassing in the first place. It is from that that the right to cut the branches is derived. If they are cut and not removed then they continue to trespass.

Consider it another way: how would it play out if the neighbour sought an injunction to remove the trespass?
Would the action fail?
If not, then who would be responsible for the trimmings?
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Re: Overhanging trees (again).

Postby theycantdothat » Sat Jun 17, 2017 4:59 pm

I had occasion to look into the law on overhanging trees a while ago, but I was never able to find a source which could be regarded as authoritative. I had high hopes for local authority sites, but the advice given is conflicting. Today I found this article: https://www.trees.org.uk/Trees.org.uk/f ... 6957f6.pdf It seems to be well-researched. The section headed "Trees that Cross Boundaries" accords with the view I formed of what the law is, apart from the suggestion that you may return arisings so long as you do not cause damage.
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