I think you canjust chuck it back as long as you tell them in good time.

Obviously you have to do it from your land or it might be considered
trespass, wyhich is a civil matter.
Brian

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The Sofa of Brian Gaff...

Blind user, so no pictures please!
"LSR" wrote in message
o.uk...
On 02/03/2017 16:42, PeterC wrote:
Next door has 2 large boughs overhaning his garden and a bit over the
house;
the whole tree is 'out of balance'.
He's been on to Network Rail for about 3 years, trying to get the boughs
removed and has been fobbed off with various excuses.

On his last call, this week, he was told that the overhanging part is now
his responsibility, due to a change about a year ago. A 'friendly'
solicitor
told him the same thing. Is this correct?

It seems to be a case of punishing the victim to protect the guilty; it
also
raises several issues.
Getting permission to go onto the property - Railway; awkward neighbour.
Liability if it comes down - both to ones own property and third party
injury.

What if a bough came down and did damage/injury on the highway? Could
happen
in some circumstances.

It seems to ludicrous I can believe it!


gardenlaw.co.uk is a good place to ask. I'm not aware of any recent
changes to the law but AFAIK (assuming no Tree Preservation Order) this
has been the position for a very long time:
1) You are entitled to cut any branches that overhang your property at the
boundary, working from your land. You must offer the arisings to the
tree's owner but they do not have to accept. Disposal is then your
responsibility - you cannot just chuck the debris back over the fence.
2) If the overhanging branches threaten your property and you have made
the tree owner aware of the risk, they are responsible for any damage
caused. (The oft-quoted case law applies to root damage but I assume
branches are no different)

It might be worth getting his insurers to contact Network Rail if he has
legal cover.

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