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Legal matters

Trees and branches hanging over our boundary

4 replies

colleysmill · 11/06/2017 16:24

Hello

Just wanted to check my understanding of this is correct really.

On our boundary there is a really large Ash tree of which a significant amount hangs over our garden. It's now so big that parts if it overhang our actual house - about 16 foot from where the actual tree trunk is.

The tree is actually owned by the parish council who we have been in discussions with over the years who have declined to do anymore more work on the tree (they did clear the ivy from it which was 8 foot wide - I kid you not). There are no tree preservation orders on this tree.

We would like to take off parts that significantly overhang and I do accept that we will need to meet this cost. My question is that I understood we could lop anything off that comes over our boundary line if we offer the wood back to the parish council (unlikely i'd have thought but hey if that's the law that's the law) - is this right? Just want to be totally sure before I instruct a tree surgeon !

Thanks

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Collaborate · 12/06/2017 07:29

Yes you can do that.

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colleysmill · 12/06/2017 09:55

Lovely thank you :)

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PersianCatLady · 14/06/2017 21:11

You are perfectly entitled to trim back the part of the trees that overhang your property.

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colleysmill · 18/06/2017 13:30

Thanks. It's a funny situation really as the tree is right by the boundary amd the boundary line is marked by a stream - our deeds say our responsibility is to the middle of the stream and the other side of the stream (where the tree stands right actually in the bank ) is parish council. Over the years the council have maintained their side of the tree but done naff all to our side so as a result the tree is quite uneven looking side ways on.

I did get permission to have the whole tree down some years back at our own cost which we just couldn't afford and also the local playgroup weren't happy about having it all down as they use the shadow for shade but it's so encroaching now on our side we are just going to vote the bullet and have our side trimmed back. We also have new neighbours who also find it's massively over their boundary too so we are looking g at going halves on the work.

Thanks for your replies

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