Our trees overhanging neighbours garden who should pay to have them cut?

[aubergineterrine]

We have some tree branches overhanging neighbours garden and they have asked us to cut them. I know they can obviously trim everything on their side up to the boundary fence. Whose responsibility is it to pay to have the tree branches cut, ours or theirs or is it reasonable to split the cost?

You

The cost question is a good one. Today I became aware of someone who is disabled and on benefits who has a very large dead tree in her garden. She’s very aware that it’s her responsibility as landowner but literally has no money to do anything about it.

As far as I know, the council wouldn’t intervene because it’s private land. And before anyone goes ‘ohhh couldn’t they just help her out this once’ no, it doesn’t work like that for legal reasons apparently.

As far as I know, the council wouldn’t intervene because it’s private land. And before anyone goes ‘ohhh couldn’t they just help her out this once’ no, it doesn’t work like that for legal reasons apparently.

What does that mean? I don't understand. People cut down dead trees all the time. Why would it be illegal for a friend with a chainsaw to go round and help her. That doesn't make any sense.

It’s a very large tree. You’d have to pay someone to fell it.

I wasn’t saying it would be illegal for someone to help her, I was saying that the council wouldn’t cut it down for her as it’s on private land.

I think technically them. But morally you.

This although it would be nice to share cost.

Just about to pay to get neighbours tree down and light back to my garden.

I don’t know what the legal position is but if I knew it was upsetting my neighbour I would attend to it asap. But I like good neighbourly relationships.

If they want them cut, then they have to pay- although given the tree has become overhung due to your poor maintenance ideally you should pay as it's your tree. And if this is a reverse, may the tree poke your eyeball out..........

Legally you have no obligation to have / pay for the branches to be cut (unless your tree is dangerous but i'm assuming not. If your tree is dangerous then you need to pay and do something about it).

If the neighbours want the branches cut and you don't, then they can trim them up to their boundary. They would need to pay for this themselves. They need to offer you the bits cut off the tree back, but if you don't want them they need to pay to have them disposed (or dispose themselves).

The reason your neighbours have a legal right to cut back the tree is because legally it counts as a "nuisance" when the tree is growing into their space. I think morally and practically it makes most sense for you to cut it, and to have overhanging branches cut back where possible so that they won't intrude again. Legally they can't force you to do it any more than they can force you to replace a fence, repaint your house, clear your weeds etc.

I guess OP didn't like the answers as they didn't come back!

DDs NDN had a ridiculous huge tree on the boundary and refused to engage in reasonable conversation with the other neighbours about it, he was a landlord.

DD moved in and I wrote him a letter, explaining how he would be responsible for damage to her property including subsidence, landscaping etc if we followed the legal route and we would be getting an arborist’s survey done to assess the damage. The tree roots were clearly visible on DDs lawn and had lifted part of her path.

I wrote the letter on Tuesday and put it through the door AM, PM he knocked, Friday the tree was gone.

He now cuts DDs grass when he cuts the grass of his house 😃

YOU OP should maintain your tree and do it now, who knows what damage it may cause.

the school next door to me is having to knock down and rebuild about 15 metres of high retaining dry stone wall because they didn’t maintain their trees. It will cost them £1000s. I did ask them numerous times to maintain the trees as the wall was starting to bulge 🤷‍♀️ - they only did it when the wall fell.

Exactly this.

If the tree I had removed had fallen into my garden it would have caused untold damage or even killed someone. The other one that eventually did fall THANKFULLY fell sideways so didn’t cause too much damage, apart to another neighbour’s shed.

If I had large/leaning trees on my land that leaned into other people’s gardens I would want rid, and would pay to maintain them.

Your responsibility to pay to have them cut and removed.

Morally you should. Legally you don’t have to do anything, if they want them gone they need to arrange it and pay. We paid over £500 to have an oak branch cut off which totally overhung our garden. Turned out it was rotten too!

You should pay. It’s your tree.

Your tree, your responsibility. However, it is not you who wants the branches cut.

Good relations with neighbours are priceless. I would get it done.

I would pay if I owned the tree so that the tree surgeon could reduce the height and balance it out. Someone removing all the overhanging branches on their side makes the tree not only look ridiculous but also can make it unstable and liable to toppling over.

We have paid out thousands to maintain trees over the years but they are all ours and I only have 1 tree that overhangs my neighbour who loves it as it is a mature 25 year magnolia. They asked and were granted permission to string some lights through it.

I see the cost as part and parcel of the responsibility of owning a house with a garden.

You FFS.