Neighbours and overhanging branches

[Dollymixture22]

My house is surrounded by tress and scrubs which are at the bottom of other people’s gardens. I allow the branches to overhang a little, but keep them neat. I don’t have a single tree in my garden yet autumn and winter is spent clearing huge piles of leaves from my garden!

Anyway last week I was trimming a few branches when a neighbour started yelling at me. I couldn’t see her because I have six foot fences. She kept yelling they weren’t my trees and I couldn’t cut them down. I calming explained over and over again that I wasn’t cutting down any trees I was just trimming a small number of overhanging branches which were hitting my guttering. The trees weren’t even hers, they are her neighbours.

I called at the neighbours house to explain. She apologised for the state of her trees and told me to trim away.

My issue now is angry neighbours trees are also hitting my guttering. I am trying to build up the courage to call at her door and let her know I need to trim the trees and bushes back a little, but I know she will be aggressive and I am a big wimp. We live on different streets so the yelling over the fence is the only contact I have ever had with her.

Just looking for advice - I know I should call round to try and avoid further confrontation, but she will say I can’t trim the trees when legally I know I can? I don’t want a war - but the tress need trimmed.

Just trim them and offer the branches back.

But would that make it worse. I heard her and her husband talking loudly in the garden after our last engagement and he kept saying do you want me to go round? I live on my own and don’t want him Turing up at my door yelling.

You have every right to trim anything overhanging your boundary.. But you should offer it back to them. Big girl pants required, you're doing nothing wrong.

Wait until they're out then trim away!!

I’d just trim them , what exactly will she do ?? If you are concerned about how aggressive she gets record it all on your phone . Other option is to go round there and either pop a note through her door or speak to her direct telling her you will be trimming them or she can pay someone to do it if she is that concerned , you could always bring a friend with you! Good luck

Also if they are getting aggressive on your doorstep I’d just call the police

I am fairly sure that the tree surgeon told me that branches from trees off my property that nonetheless overhang my property are my responsibility. In other words, your neighbour cannot stop you from cutting back the overhang. This is thoroughly supported by a quick Google, but I'd check your council's website.

*Just to be clear, if you wanted to retain the branches that overhang your property, the "owner" of the tree would not be entitled to trim them because they're not on his property.

God, arsey neighbours. I love mine. They're brilliant. So grateful.

Thanks all. I will put my big girl pants!! I know it stupid but she really upset me. I love pottering in my garden and after this I was really self conscious being in My own garden.

She kept saying I was infringing in her privacy. I couldn’t see her over my fence!

You have common law rights to prune any overhang or roots as far as the boundary. You do not need to notify the tree owner although you must offer the cuttings back. If you do not offer them back, you may become guilty of 'conversion' although this is highly unlikely. What's more likely is that the owner will not want them back and they are not compelled to take them. It becomes a legal grey area if you chuck them back as I'm not aware of this being examined in court due to it being such a low value 'crime' that it's just not justified.

You should be aware that although the tree owner has no legal obligation to cut their own branches back, if they subsequently cause damage to your property, they may be liable to pay compensation e.g. after knocking your guttering off.

It is high time the law was changed on this subject.

In my opinion, the owner of the tree should ensure their tree does not encroach into the neighbours property. They should trim overhanging branches and dispose of the cuttings. I feel it is unreasonable that neighbours have to bear the cost of maintaining something that does not even belong to them.

All tree owners with any decency should do this anyway regardless of the law.

If it hangs over your side you can cut it

Appreciating that people can become frustrated about overhanging branches, but its not reasonable or practical to compel tree owners to control overhangs.

Where do you draw the line between cutting back to the boundary for OCD reasons and environmental destructions?

Does it matter what the motivation is? You can cut stuff back 'just because'.

Print off the rules around this,put it through their letterbox with a note explaining this is the law and this is why I'm doing it, it's approaching winter and the gutters must be clear so I can't have your trees and leaves blocking them. If you have a problem come and talk to me but calmly and politely, I have had this discussion with all the other neighbours and they are all fine with it and in fact apologised they hadn't tidied their trees themselves so I don't expect you to have an issue. Kind regards....

I don’t think it’s environmental distruction. These are mainly sycamore tress which grow very fast and create a lot of mess. They are not being removed merely controlled - a little!

I maybe do have a bit of ocd about it though as I hate how untidy and dark they make my garden. I fully respect people’s right to grow what they want in their gardens - but I don’t think they have a right to grow things in mine!

Appreciating that people can become frustrated about overhanging branches, but its not reasonable or practical to compel tree owners to control overhangs.

Gotta agree with Hoopaloop on this. I for one wouldn't want the people who live over the back of my fence in the parallel road traipsing into my garden to cut back their trees. It was bad enough when they came in to claim the giant vine marrows that had grown in the airspace above my bike shed.

What we want is trees that know the boundary law....

Similar ish issue. We have a couple of big trees at bottom of our garden. One overhangs a public path at the back, and once was obstructing a public lamp post. The council wrote to us to tell us to purine the tree, otherwise they would do it and send us the bill. We pruned it. Did we have to?

You probably did have to, Gin. I think when the pavement or road are being encroached the Council do have powers.

I didn't say/mean that the op's case was environmental destruction/OCD, I was responding to the person who said tree owners should be made to prevent overhangs.

Delores totally agree would be wonderful if they only grew in their owners land!!

I don’t mind pruning, and wouldn’t want these people in my garden. Just hate confrontation and don’t want the situation to escalate.

At some stage I will have to pay a tree surgeon to manage some of the branches as som of tress are now at least four stories high. Bi will speak to all neighbours concerned before I do this. But I just want to do a tidy up before autumn.

Where do you draw the line between cutting back to the boundary for OCD reasons and environmental destructions?

I don't. Large trees should never be left to cause a nuisance on a boundary. It is incredibly selfish. We have a huge problem with this - putting up with a tree causing issues so as not to fall out with the neighbours.

You need to ask your mp to lobby Parliament to request a change in the definition of 'nuisance' then.

I also speak with the neighbours before trimming any foliage back even if overhanging in my property. I appreciate I have a 'right' to do it but it seems polite to keep things amicable