Branches overhanging into my garden - should they remove them all?

TheresaTree · 2023-06-16T14:13:08+00:00

I live next door to a council property. In the front of their garden is a seriously large tree. It's massive. The branches of this tall tree overhang into my garden. The council has proposed removing some of the lower branches that overhang my garden, but not the higher branches. The higher branches will still be in my 'airspace' (for want of a better word), and I will still have to deal with all the fallen leaves and so on. So, I think that answer is 'no' but just in case - do the council have to remove every branch that overhangs my property? Or is it just my tough luck?

PuffinsRocks · 16/06/2023 15:14

No but there's nothing stopping you from removing them. TBH it's very good of them to remove any branches when it's generally your job to sort it once it's on your side of the fence.

Original poster

TheresaTree · 16/06/2023 15:16

I would absolutely love to remove the branches, but it would entail a cherry picker and likely £1000+. I don't see why I should have to pay for that when it's the council who haven't been maintaining the tree properly.

OP posts:

akkakk · 16/06/2023 15:17

you can legally remove any part of a tree coming over into your garden, with some caveats:

you can't do anything which would damage / be detrimental to / kill the tree
you have to offer the cut-off pieces back to the owner, but they don't have to accept
if they don't want the pieces back, you are legally responsible for disposal of the cuttings

Ohdearwhatnow4 · 16/06/2023 15:19

I don't think they have to remove any of them but your allowed to as long as their over your side

akkakk · 16/06/2023 15:21

TheresaTree · 16/06/2023 15:16

I would absolutely love to remove the branches, but it would entail a cherry picker and likely £1000+. I don't see why I should have to pay for that when it's the council who haven't been maintaining the tree properly.

because, like it or not that is the law - trees are allowed to grow up and out - about their (the council / owner) only liability is that nothing falls off the tree / damages anyone and that the root system doesn't damage buildings / driveways etc. beyond that we live in a country where the natural landscape is generally oak woodland. Outside legislation on hedgerows (think conifers) there are no height restrictions on trees either. If a house owner doesn't like what is growing next door their choices are limited - not living there / trimming the tree - and yes that can be expensive - and you can only do it to a limited amount as you can't damage the tree...

Reugny · 16/06/2023 15:24

Or is it just my tough luck?

It is just your tough luck.

It is always worth working with neighbours where the owner of the property is a social landlord to get trees trimmed or gardens removed of overhanging weeds in a reasonable time frame.

SongThrushFeather · 16/06/2023 15:24

In what way are the council not maintaining it properly OP?

KnickerlessParsons · 16/06/2023 15:31

What is the problem with having some high branches overlapping your garden?

You mentioned leaves, but that's just a few weeks a year, and tbh, if you just leave them they'll blow away by themselves, or rot down and enrich your soil.

TheCheeseTray · 16/06/2023 15:36

Take the offer. If the wind is causing them to hit anything on your property - tell them and make it clear they are legally responsible.

there was a huge tree opposite my house - council owned - it was right across the road - branches into my garden space. The council refused so I wrote to them and said
the tree had not been pruned or looked after for over 5 years
it needed a proper inspection
that it was encroaching on my property both branches and roofs

they refused to prune it - so I sent them a reply saying ‘you have not maintained the tree, you have not cared for it or pruned it in over 5 years - if branches break off and hit windows or the car or cause an accident I am now holding you fully responsible - it took 5 days after I sent that letter for the to send proper tree surgeons out and they cut it right back and have done yearly since

Original poster

TheresaTree · 16/06/2023 15:37

KnickerlessParsons · 16/06/2023 15:31

What is the problem with having some high branches overlapping your garden?

You mentioned leaves, but that's just a few weeks a year, and tbh, if you just leave them they'll blow away by themselves, or rot down and enrich your soil.

It's a daily problem, unfortunately.

OP posts:

Original poster

TheresaTree · 16/06/2023 15:38

TheCheeseTray · 16/06/2023 15:36

Take the offer. If the wind is causing them to hit anything on your property - tell them and make it clear they are legally responsible.

there was a huge tree opposite my house - council owned - it was right across the road - branches into my garden space. The council refused so I wrote to them and said
the tree had not been pruned or looked after for over 5 years
it needed a proper inspection
that it was encroaching on my property both branches and roofs

they refused to prune it - so I sent them a reply saying ‘you have not maintained the tree, you have not cared for it or pruned it in over 5 years - if branches break off and hit windows or the car or cause an accident I am now holding you fully responsible - it took 5 days after I sent that letter for the to send proper tree surgeons out and they cut it right back and have done yearly since

Thank you, this is a good idea!

OP posts:

StrawberryPavlova · 16/06/2023 15:42

Surely even if you remove all branches in your 'airspace', leaves are still going to fall on your property. They don't just fall straight down. The breeze/wind will blow them in all sorts of directions. I'd just take whatever they're offering to do and try to let the rest go tbf. But then my garden is a bit more 'wild' so a few leaves doesn't bother me.

Wednesdaysotherchild · 16/06/2023 15:50

Trees are wonderful! Not tough luck. Our whole physiology responds positively to trees and plants - they calm and uplift people. People who hate nature are really weird!

DiscoBeat · 16/06/2023 15:51

You can't just take off large branches without expert advice as you could destabilise the tree. If you really can't cope with the branches (personally I like it for the wildlife etc) then get a tree surgeon to do it properly.

Throwncrumbs · 16/06/2023 15:59

Air space, Jesus, why is this such an issue, my neighbour is always going in about his fucking air space but it doesn’t matter when his smoke from his wood burning stove comes over into my airspace, if I park as much as one inch over what he sees as his space (public road no parking restrictions or bays) he goes ape shit and has even accused me of harassment about it, the police turned up and they go short shift from me. I’m waiting for the next instalment as petals from my tree are going on his path. Does airspace include any planes flying over? Fucking airspace!!!!

DigbyTheDigger · 16/06/2023 16:00

If you cut off everything that is across your boundary you're going to end up with a very ugly, one-sided tree, with your view being of the ugly side. I think the offer to deal with the lower branches will give a much better result.

Clymene · 16/06/2023 16:01

Not leaves in your garden!! Bloody hell, that's awful

instantpotnoodle · 16/06/2023 16:02

I’m not sure anyone has legal right to “airspace” over their property.

EyelessArseFace · 16/06/2023 16:18

I despair, I really do. What is it with people who want to chop trees about, make them look fucking awful and destroy wildlife habitat?

Was the tree already there when you moved in? If so, then it has a damn sight more right to be there than you do, so just suck it up and live with nature. And while you are doing that, remember that this tree is doing its best to clean your airspace, provide oxygen, and remove greenhouse gases from the atmosphere.

Anyway, it might have a TPO on it, and you aren't supposed to do any tree work at all in the bird nesting season.

Reallybadidea · 16/06/2023 16:22

Are you able to expand on why leaves falling into your garden is a problem?

KnickerlessParsons · 17/06/2023 11:35

So leaves falling on your garden is a daily problem.

But why is it a problem? The world has trees. Sometimes their leaves fall off. How is leaves on your garden negatively affecting you?

Heronwatcher · 17/06/2023 14:14

Why are the high branches bothering you anyway? Unless it’s actually dangerous. You do realise that we (humans) quite literally depend on trees to breathe? Plus aesthetically I can’t imagine anything more sad looking than a half-tree next to your house- why an earth would you want that?

Just rake the leaves into a corner occasionally!

TheCheeseTray · 17/06/2023 22:04

Heronwatcher · 17/06/2023 14:14

Why are the high branches bothering you anyway? Unless it’s actually dangerous. You do realise that we (humans) quite literally depend on trees to breathe? Plus aesthetically I can’t imagine anything more sad looking than a half-tree next to your house- why an earth would you want that?

Just rake the leaves into a corner occasionally!

Depends on my case the tree was planted opposite the branches were above my roof and some hitting windows. I argued the leaf drop was straight into guttering etc having huge trees is fine but do them in the middle of your own land

FeigningConcern · 19/06/2023 04:25

I do not understand people who have issues with leaves in their gardens. Ffs it's a garden not a fucking show home. I literally never rake leaves and we have loads of trees. They mulch into the ground or blow away. We need trees to clean the air, reduce the risk of flooding and help to stop global warming. Plus they are beautiful and generally make urban areas look significantly better. How all that overrides a few leaves in some people's minds I have no idea.

Oblomov23 · 19/06/2023 06:41

Why buy your house if the council tree next door was such a problem?