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Overhanging trespass.

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Overhanging trespass.

Postby Hairyloon » Sun Nov 08, 2015 11:01 pm

I am sure we all know that established law says that if a neighbour's tree overhangs your property, then you can trim the overhang, but what about the other way around?

Imagine a tree belonging to (A). which grows across the boundary into (B).
A decides to remove the tree, but he cannot do so without entering B's property. B does not want the tree to go so he refuses permission.
Is there a legal solution?
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Re: Overhanging trespass.

Postby shootist » Sun Nov 08, 2015 11:41 pm

I suppose that one might be to cut all the branches at the point it overhangs, dropping them onto the neighbour's garden. Then tell him if he likes it that much he can take a cutting. Then chop the tree down.
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Re: Overhanging trespass.

Postby tph » Mon Nov 09, 2015 12:00 am

A could use their rights under the Access to Neighbouring Land Act 1992.
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Re: Overhanging trespass.

Postby Hairyloon » Mon Nov 09, 2015 12:33 am

shootist wrote:I suppose that one might be to cut all the branches at the point it overhangs, dropping them onto the neighbour's garden.

No, if you drop the branches in their garden, that will be trespass (with a possible side order of criminal damage).
You could cut off all that you can get on your side.

tph wrote:A could use their rights under the Access to Neighbouring Land Act 1992.

Unless I have missed something, it strikes me that you could have a whole lot of fun arguing what is, or is not "reasonably necessary".
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Re: Overhanging trespass.

Postby atticus » Mon Nov 09, 2015 8:12 am

Use ropes to pull the tree so as to ensure it falls on to your land.
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Re: Overhanging trespass.

Postby theycantdothat » Mon Nov 09, 2015 8:50 am

tph wrote:A could use their rights under the Access to Neighbouring Land Act 1992.


Only available if the tree "is, or is in danger of becoming, damaged, diseased, dangerous, insecurely rooted or dead".

atticus wrote:Use ropes to pull the tree so as to ensure it falls on to your land.


That will disturb the ground on the neighbour's side which is a trespass.
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Re: Overhanging trespass.

Postby atticus » Mon Nov 09, 2015 8:58 am

I meant when the thing is being cut down!

i.e. to control where it falls.
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Re: Overhanging trespass.

Postby Hairyloon » Mon Nov 09, 2015 9:38 am

atticus wrote:Use ropes to pull the tree so as to ensure it falls on to your land.

You would still need to trespass into the garden to attach the ropes.
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Re: Overhanging trespass.

Postby atticus » Mon Nov 09, 2015 9:41 am

screw whopping great things into your side of your tree. Attach ropes. Wield chainsaw.
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Re: Overhanging trespass.

Postby diy » Mon Nov 09, 2015 10:15 am

I appreciate HL that you might be the resident expert, but surely Atticus' approach is the best option over a legal resolution?

Alternatively, prune it to ridiculousness and ask again.

Or are we talking something with massive branches ?
e.g.
Image

I imagine a case for necessity could be made legally with any number of safety and subsidence arguments
My suggestions are not legal advice
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