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?

Why do you want it cutting back? Also are there any nests in it?

I lived on a steeet where all of our gardens backed on to a footpath and every so often we would get letters from the council to say our trees and brambles were not allowed to infringe the footpath.

What’s the problem with the tree @GardenTime I agree from the pic it looks lovely but maybe that’s artistic license!
I would love some overhanging trees to ‘borrow’ for greenery in my teeny garden. We’re new build and our gardens are yet to find their character. We back onto allotments - many of which have nicely treed ends. Sadly my allotment neighbour (though wonderfully friendly with a beautifully maintained spot so a huge bonus) has no trees for my garden to ‘borrow’ to add height interest and blend my skyline without taking up my space. So for now it looks rather sparse and gappy.

The tree branches are brushing the side of the house. Which is a problem because the side of the house is council owned so I can’t do anything about the branches?

(maybe I should have put that in the OP, sorry!)

I just want it cut back quite significantly.

Have you spoken to the neighbors about it? That would be my first step. Just mention that it has gotten quite big and you wondered if they were planning on getting it cut back.

If they say no, then say that you would like to cut back the branches that are brushing your house. Don't ask for permission, just let them know.

Most neighbors are reasonable about these things. They might have already booked a tree surgeon to come round.

It’s neighbour A’s tree, so they are responsible for cutting it and paying for it. You can’t force them to do anything (unless it’s actually causing an obstruction or building maintenance issue on the council-owned property, in which case report it & the council might try to enforce it - but probably not very hard.)

You’d have a better chance of persuading Neighbour A if you offered to pay.

Are both houses Council properties?

No, neighbours A are not at all responsible for cutting it or paying for it. Why would they be? It’s neighbour B who wants it cut. Neighbour B pays. Best to discuss with neighbour A first, see what they say.

I love trees 🌳 Imagine if everyone wanted every overhanging tree cut back - how ugly the world would be!

Op the law on this is very clear. You are legally able to cut back any branches that over hang your property. Just your property. You then need to offer them back to thr owner. Offer. Not Chuck em over the fence.

and the person who owns it doesn’t need to do anything and not pay. If it was damaging your property it would be different, but it’s not.

so it’s trim it back to the edge of your property. You pay, offer back the branches.

Eh what?😂 she said cut it back not chop it down. Trees don’t become ugly if you lop a couple of branches properly, what an odd thing to say. And if you love trees then you should know they need managing.

Neither, both owner occupied.

If you're B you can chop off anything in your air space

I see the confusion now - When I said the side of the house is council owned, I meant the “air space” over the right of way.

So the tree is in the neighbour’s garden, the branches are reaching across the right of way, some branches overhang our garden but some branches touch/sweep the wall of our house.

I can cut back the branches that overhang the garden but what can I do about the branches that touch our side wall?

You have said the side of the house is council owned but both houses are owner occupied. Which is it?

nvm, cross posted. Have you actually spoken to your neighbour about how the tree is touching the house?

You can cut back to the boundary of your property, whether that is on the ground or well above ground. You can’t cut back into the council’s area.

As I understand the law, neighbour A doesn't have to do anything.
If neighbour B feels that the branches are encroaching over their property then they can cut them off. However, they have to ask A if they want them back, as they are A's property.

The best course of action IMO, is for B to have a grown-up conversation with A and agree as to what can be done...

If the branches touch your side wall then they must be over your boundary so you can cut those down too

I'd be a bit worried about the roots to be honest as they can affect the foundations. Perhaps find out what type of tree it is and how wide the roots go compared to the branches. I say this because we were haveing an extension on our bungalow and found a neighbouring wooded area roots had taken out a corner of our foundations and we had to have it refilled with concrete ... it was easy for us as the builders just filled that corner when laying the extension foundations, but the room beforehand had become damp and musty smelling

Do you mean the branches brush your boundary wall or the actual house?

What sort of tree is it?

Do you mean the branches brush your boundary wall or the actual house?

Both - my side house wall has a fence right next to it - maybe just a couple of inches. Then over this fence is the right of way. So the side of my house wall is the boundary wall if that makes sense

What sort of tree is it?

I’ve actually got no idea! 🤭

Be strategic with your pruning
Don't want to be left looking at an ugly wonky tree.

@GardenTime
We have exactly this situation. We have a good relationship with our neighbour who owns the tree. It had grown to go partly over the roof of our house. The offending branches were cut back to our hedge. The right of way underneath is a bridleway: between Mourinho house and hers.There must not be overhanging branches which impede users or dangerous branches over a public right of way.

So you can request the owner of the tree cuts it back to your boundary. If it’s likely to shed branches on the right of way, it might need to come down but it’s not your call. You are also entitled to cut it back to your boundary yourself and give them the branches back. It needs cutting back if it’s touching your walls. In rough weather our neighbours tree was very close to our roof.

Try and negotiate because the owner of the tree has responsibility for it.

You need to know what sort of tree it is, as others have implied the roots can be as wide as or wider than the canopy and could be a problem for your foundations. Take a picture and someone will be able to identify it. The immediate problem of branches is not unusual but given the closeness of the tree to your wall this could be more serious than a scraping branch or two.