Trees overhanging

[Reusername]

We live in the country and have difficult neighbours (to say the least). We all live in set back houses in our own land. They have two absolutely giant ash trees which heavily overhang our property and all autumn long the leaves fall, clogging the gutters and being swept up on a daily basis. They also block our light.

The problem is to reach the worst overhanging branches which are very high would require an arborist to climb the tree and when we asked, they wrote informing us they would take legal action if we attempted to do so. We could hire an enormous crane to get to the height where we could trim these trees back but it would cost so much money and it would be hard to get the crane to our property. We have giant trees ourselves and we maintain them with guys roping themselves up.

Any suggestions?

Give them notice that you plan to have a tree surgeon climb the trees and trim the overhanging branches. Then wait.

IANAL but as far as I know you can trim anything that crosses the boundary. You would have to bear the cost of it yourself though.

This may answer your question OP. It looks like you cannot climb the tree w/o permission so it will probably have to be the crane option for you.

Frequently Asked Questions - practical issues

Branches

Can I cut off overhanging branches?
Yes, provided it is done without trespassing onto the other person’s property. It is also permissible to climb into the tree to undertake the work, again so long as it does not require going into the neighbour’s garden/land. Note that trees covered by a Tree Preservation Order (TPO) or in a Conservation Area will require prior consent from the local authority.

Do I have to get permission from my neighbour or give them notice to cut off the overhanging branches?
No. Your actions are classed as ‘abating a nuisance’ which does not require permission. Only in situations where you need access to their land to undertake the work would permission be required. Similarly prior consent from the local authority is required for trees with a TPO or in a Conservation Area.

What do I do with the prunings?
Once branches are cut off they should be offered back to the tree owner. If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden!

Can I cut back further than the boundary to prevent regrowth causing a problem?
No.

What if my neighbour complains about how the tree looks after I have cut off the branches to the boundary?
They do not have any legal recourse but in the interests of good neighbourly relations you might consider options for compromise, such as sharing the cost of a tree surgeon to create a balanced canopy.

Am I liable if I cause damage to a neighbour’s tree as a result?
Yes. In law you would be considered negligent. Sometimes branch removal can lead to tree failure due to disease, a change in the balance of the tree, or different wind loading that causes the tree to blow over. For these reasons it is important to employ a competent tree surgeon or arboriculturist who could minimise risk and would take on the liability for the work (check they have public liability insurance prior to engagement of services).

https://www.rhs.org.uk/plants/types/trees/the-law?awc=2273_1696782669_5f71cf4f175afb4485dd48a1a1a39aec

Does the position change if a tree becomes dangerous? I’m thinking of ash dieback

I think you can report ash die back to someone, an organisation, and they contact the landowner. That's what happened locally, anyhow. I'm not sure if it's like a notafiable disease, in that it needs reporting?

I meant is the owner responsible if his tree dies and falls into his neighbours garden, or a branch falls over the boundary causing damage

@Trethew Yes. Tree owners are liable for damage their trees cause. We had a huge branch narrowly miss our roof as it came down. Our responsible neighbour immediately had the tree assessed and it’s now down. That’s why no one should ignore their trees. If they overhang a house, it’s potentially an accident waiting to happen. Get them cut back to the boundary by an expert and stick to the law.

Actually that's interesting - they can climb the tree and cut the branches back without going on their land?

Via a ladder?

Once you're on the tree they can cut branches down according to what the earlier poster said?

@RudsyFarmer did that last time and got a legal threatening letter
@TizerorFizz we spoke to Citizen's Advice about the fact we have to pay a few hundred each year to clear the gutters of their leaves. Told that was tough luck
@Trethew we had it assessed and unfortunately its rather healthy for an ash!

Thanks all. The trees are so high that they won't be able to reach them from a ladder. The only way would be to rope up from the ground and they will not allow this. I am in despair.

You need to be careful as you can destabilize the tree if you don't prune it evenly, so the tree surgeon may need to assess the whole tree to see how best to do it.

I meant is the owner responsible if his tree dies and falls into his neighbours garden, or a branch falls over the boundary causing damage

We had a large willow come down on our neighbours' summerhouse. As it was our tree we contacted our insurance company assuming to go through them but they said the neighbour had to go through their own insurance, which they did. Luckily they were very nice about it. It was a freak thing as we did keep the tree regularly pollarded by a professional.

@DiscoBeat that's a very good point