Who is responsible for this tree? - Diagram! ✏️

[GardenTime]

The tree on the left is at the edge of the garden of Neighbour A.

The tree’s branches hang over a public right of way, and they extend into the garden of Neighbour B.

Neighbour B would like the side branches to be cut back.

The tree is very tall.

What should Neighbour A agree to? And, who funds it?

Report it on fix my street. Did similar recently with a property whose hedge was so overgrown the alleyway was in danger of being completely obstructed. The council
maintenance team came
round and cut the hedge right back (after they’d written to the owner)

I don’t think neighbour A is obliged to cut it back unless it’s dangerous (they would be legally responsible if part of it fell on someone in the walkway), but the other neighbour could cut back the bits that overhang their property if they want. They would be supposed to throw the branches back.

I have a tree at the edge of my garden (planted by a previous owner) which overhangs the road and my neighbors place where he parks his motorbike. It’s my tree, so I make sure that it’s pruned every year not to cause problems for the neighbor or the road.

So, I think person A should pay to prune back the tree 100%.

Neighbour B can remove anything overhanging his boundary without needing permission from neighbour A. B would have to pay any costs, and legally offer the cuttings back to A. This is assuming that the tree is not a TPO or in a Conservation Area - if this is the case, permission from the Council would be required
Due to the public footpath B cannot cut the tree back to the boundary of A, only his boundary with the footpath.

Neighbour A doesn't really have to do anything tbh
Neighbour B could cut branches that overhang their garden
You could speak to Neighbour A and come to some arrangement

If the council trim it, they will bill neighbour a.

Also, yes, neighbor B can cut the overhanging branches but they don’t need to do so nicely, so can leave the tree lopsided or whatever.

I feel that the tree belongs to neighbor A so they should be a responsible tree-owner and keep their tree under control.

Ooh that’s interesting. I haven’t heard of that scene before.

The tree is tall, so these branches hang over the right of way quite highly.

So the tree doesn’t negatively affect people using the right of way. It’s perfectly accessible. Do you still think FixMyStreet would come out?

They arent allowed to throw the branches back but should offer them back. The neighbour doesn't have to accept them

Person B cuts back, and pays for, the branches that overhang their land. It is worth contacting the council about the branches that overhang public land. Do they cause a restriction, stop people walking past?

Why don’t you just say which person you are OP? It would make things a lot easier. Is it your tree or are you the person who wants to cut it back?

Do you still think FixMyStreet would come out?

They might do but neighbour A might get a bill for the work

The Council will only be concerned if the tree is obstructing access or is dangerous.

No, I don’t think fixmystreet or the council will be involved if there’s no restrictions to passers by or any utilities.

I'd have thought you as B could chop what's overhanging. Excellent drawing ✍️

Is OP David Hockney? It looks like one of his pieces of art!

Oh it’s no secret, I think it’s quite obvious I’m B!

<preens>

It looks lovely. Why do you think it needs to be cut? 🤨

In this situation, I'd just cut back anything that came over my side.

Legally you have to offer the stuff you've cut off the tree back to the owner. Realistically no one wants their branches back!

If I were neighbour a I would prune/pay for the tree to be pruned. Otherwise b/the council might just chop of the overhanging branches (as they’re perfectly entitled to do) and is then be left with a very funny shaped tree.

Council will only do anything if it is a danger to public on the footpath. Otherwise they may write to A and ask them to deal with it. You could contact the Council tree warden. Tree works will be limited until August though due to nesting birds. If B wants to trim the overhang into their garden they can do so .

If the tree is that tall do the branches affect your garden?

Ok, I didn’t find it obvious.

May I ask why you want it cut back? You mentioned that it is high up and not in anyone’s way, so I wonder why it is bothering you. As has been said you can trim the branches that overhang your garden but if it’s high up, it will be hard to reach so you may need to get someone in.

if the tree is dangerous, have you tried talking to the owners and asking if they will get someone in?

You can only trim back the parts that overhang your property. The council would have to make a decision if they want to cut back the part overhanging a public right of way