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andrew andrew is offline
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Default Who is responsible for tree growing over wall?

dennis@home wrote:

B can cut them off (unless a TPO exists).


Yes

He has to offer them back to A.


No he only has to offer any "fruit" back.

A does not have to accept them.
If B then chucks them over he is breaking the law.


Yes because the branches have now become waste and it is an offence to
dispose of waste this way.

We have this a lot when I help my friend who runs an arboricultural
business.

The trees from one property have encroached on another and become a
nuisance. The owner of the trees can be asked to abate the nuisance and
remove the branches. The person suffering from the nuisance can avoid messy
legal problems by doing the work himself. In practice I have not heard of
anyone succeeding in recovering the cost of this work but I suspect if it
were tested in court and proper representations had been made then the
costs would be awarded.

Note also in some circumstances Part 8 of the Anti-social Behaviour Act 2003
will apply but this also looks like an expensive way to do things compared
with talking it over with the neighbour.

When the 1987 storm blew trees into roads the highway authority had the
right to reclaim the clearance costs but in practice seldom did.

AJH