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Overhanging trespass.

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Re: Overhanging trespass.

Postby 3.14 » Wed Nov 18, 2015 11:07 pm

Hairyloon wrote:Do we want to try a different question?
no
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Re: Overhanging trespass.

Postby Michael » Thu Nov 19, 2015 1:16 am

Take the long term approach and kill it off by ringing it .

The next summer there will be no leaf growth and it will be pronounced dead. It will still be safe but will sooner or later become a danger and therefore should allow access to be gained under ATNLA to cut down.

Once its dead the neighbour would probably allow access anyway.

The above may not be the most appropriate or correct way to do it but sometimes the end can justify the means.
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Re: Overhanging trespass.

Postby Hairyloon » Thu Nov 19, 2015 1:56 am

Michael wrote:Take the long term approach and kill it off by ringing it .

A solution which may take some considerable time, but is, I think, legally flawless. Well done.

If it is his tree then he is legally entitled to kill it. Killing it will not pose any immediate hazard or nuisance.
It will almost certainly develop gradually into a hazard, at which point the Act mentioned earlier would come into play.
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Re: Overhanging trespass.

Postby dls » Fri Nov 20, 2015 6:31 pm

Unless the neighbour heads for a Tree Preservation Order.
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Re: Overhanging trespass.

Postby Hairyloon » Fri Nov 20, 2015 6:40 pm

dls wrote:Unless the neighbour heads for a Tree Preservation Order.

He would need to get that in place before the tree is killed. Even then, councils can be very lax about enforcement: how do you prove whodunnit?
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Re: Overhanging trespass.

Postby dls » Fri Nov 20, 2015 6:44 pm

But we could not condone breach of an order or anything beyond silence if accused.
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Re: Overhanging trespass.

Postby Hairyloon » Fri Nov 20, 2015 7:01 pm

This is supposing the order is granted.
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Re: Overhanging trespass.

Postby Flattie » Tue Aug 23, 2016 2:32 pm

I know I am resurrecting an old thread, but the tree in question resembles my neighbours/mine. The trunk of a tree rooted in the garden of A leans completely into my garden together with branches. Some branches then overhang back into A's garden.

How far am I allowed to cut back overhanging branches. I assume I cannot cut those that extend back over into A's garden however anything else is fair game as long as I do not kill the tree?

The base of the tree is very close tothe boundary. Should A claim we are joint owners can I still cut back overhanging branches to my boundary?
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Re: Overhanging trespass.

Postby Hairyloon » Tue Aug 23, 2016 2:58 pm

Flattie wrote:I know I am resurrecting an old thread, but the tree in question resembles my neighbours/mine. The trunk of a tree rooted in the garden of A leans completely into my garden together with branches. Some branches then overhang back into A's garden.

Based upon that description, the tree belongs to A and you are legally entitled to cut it back to the boundary, but being legally entitled is rarely, if ever a route to good neighbourly relations: far better to come to an agreement with them as to what is best to do, not least because simply taking the available remedy invariably leaves an ugly tree.

How far am I allowed to cut back overhanging branches. I assume I cannot cut those that extend back over into A's garden however anything else is fair game as long as I do not kill the tree?

I'm not sure that not killing the tree is a relevant consideration to the legal aspect if it happens as an inadvertent consequence of you enacting your lawful remedy, but I expect it would be inadvisable in respect of neighbourly relations.

What is the actual problem that you seek to address? Over-shading? A better result might be obtained by an overall thinning of the crown, but obviously that depends upon the tree.
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Re: Overhanging trespass.

Postby atticus » Tue Aug 23, 2016 3:02 pm

A qualified tree surgeon can advise on management of this tree. NB check if there is a tree preservation order or any other conservation issue.
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