The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

Any advice gratefully received.

"Timothy Murphy" wrote:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

Any advice gratefully received.

Try a legal newsgroup.

On 6 Dec, 15:41, Timothy Murphy wrote:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

Any advice gratefully received.

Neighbour B has exercised his prerogative to trim any branches growing
over to his side of the fence and has further returned A's property to
him. B's actions are correct

Rob

In article ,
Timothy Murphy writes:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

That is exactly what B is allowed to do (but B mustn't
do any damage on A's property, such as chucking the
cuttings through a greenhouse window).

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

A.

Any advice gratefully received.

It would have been better is B had talked with A first.

--
Andrew Gabriel
[email address is not usable -- followup in the newsgroup]

AIUI a person is free to cut back vegetation overhanging his or her
property, but must offer the cuttings to the owner of the property
from which the vegetation was growing.

Timothy Murphy wrote:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

Any advice gratefully received.

Neighbour B has the legal right to cut all branches and roots of shrubs,
trees etc upto the boundary of his property - but these must be returned to
neighbour A. If neighbour B disposes of the 'cuttings' without the
permission of A, then that could be construed as theft of property - see:

http://www.gardenlaw.co.uk/ for more and better detailed information.

Cash

Timothy Murphy wrote:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

Any advice gratefully received.

If vegetation encroaches onto your property you are allowed to cut it
back to your boundary but as this belongs to the owner it should be
returned. i.e. if you pick apples from a branch that overhangs your
property it would be considered theft to keep them without permission
from the owner.
I used to cut branches from a neighbours tree that overhung my side
until he had it cut down, wanting to stay within the law I deposited
them back onto his side

Corporal Jones
"I don't like it up me"

"robgraham" wrote in message
...
On 6 Dec, 15:41, Timothy Murphy wrote:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

Any advice gratefully received.

Neighbour B has exercised his prerogative to trim any branches growing
over to his side of the fence and has further returned A's property to
him. B's actions are correct

Rubbish.
B can cut them off (unless a TPO exists).
He has to offer them back to A.
A does not have to accept them.
If B then chucks them over he is breaking the law.

Rob

"Andrew Gabriel" wrote in message
...
In article ,
Timothy Murphy writes:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

That is exactly what B is allowed to do (but B mustn't
do any damage on A's property, such as chucking the
cuttings through a greenhouse window).

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

A.

Any advice gratefully received.

It would have been better is B had talked with A first.

I agree entirely.
The legal requirements are basically explained in this thread.
A moot point is that any cuttings should be offered back.
Trouble is that this kind of action can result in tit-for-tat retaliation
which can lead to further bad feeling and more retaliation.
If unchecked this can feed the legal eagles which is absolutely and utterly
pointless.
For the lack of communication one might have a sworn enemy rather than a
friend and neighbour.
It's good to talk.
Just my tuppence worth.

Nick

Neighbour B has the legal right to cut all branches and roots of shrubs,
trees etc upto the boundary of his property - but these must be returned
to
neighbour A. If neighbour B disposes of the 'cuttings' without the
permission of A, then that could be construed as theft of property - see:

http://www.gardenlaw.co.uk/ for more and better detailed information.

Thanks very much for all the replies.
It seems this rather unpleasant man was within his rights
in throwing garden waste into my friend's garden.
Sad.

"Timothy Murphy" wrote in message
...

Neighbour B has the legal right to cut all branches and roots of shrubs,
trees etc upto the boundary of his property - but these must be returned
to
neighbour A. If neighbour B disposes of the 'cuttings' without the
permission of A, then that could be construed as theft of property - see:

http://www.gardenlaw.co.uk/ for more and better detailed information.

Thanks very much for all the replies.
It seems this rather unpleasant man was within his rights
in throwing garden waste into my friend's garden.
Sad.


No he wasn't despite what the others have said.

dennis@home wrote:


"Timothy Murphy" wrote in message
...

Neighbour B has the legal right to cut all branches and roots of shrubs,
trees etc upto the boundary of his property - but these must be returned
to
neighbour A. If neighbour B disposes of the 'cuttings' without the
permission of A, then that could be construed as theft of property -
see:

http://www.gardenlaw.co.uk/ for more and better detailed information.

Thanks very much for all the replies.
It seems this rather unpleasant man was within his rights
in throwing garden waste into my friend's garden.
Sad.


No he wasn't despite what the others have said.
http://www.gardenlaw.co.uk/trees.html
"Branches that grow so as to overhang your neighbours' land are
trespassing on his air space. The neighbour can chop the branches back
to the boundary but he has to return the lopped branches to the owner of
the tree together with any fruit that might have been on them. If he
lops beyond his boundary then it is a trespass. It is always best to ask
your neighbour first although you do not need his permission to lop
overhanging branches so long as they are returned.

You could sue the owner of the tree or shrubs for trespass; nuisance
and/or negligence (in this case if they become dangerous)."

--
Kevin R
Reply address works

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

Neighbour B has the legal right to cut all branches and roots of shrubs,
trees etc upto the boundary of his property - but these must be returned
to
neighbour A. If neighbour B disposes of the 'cuttings' without the
permission of A, then that could be construed as theft of property - see:

http://www.gardenlaw.co.uk/ for more and better detailed information.

Thanks very much for all the replies.
It seems this rather unpleasant man was within his rights
in throwing garden waste into my friend's garden.


Sad.


Nevertheless your friend is at fault for allowing the growth to trespass on
his neighbour's land.

Peter Crosland

We were somewhere around Barstow, on the edge of the desert, when the
drugs began to take hold. I remember Kevin
saying something like:

in throwing garden waste into my friend's garden.
Sad.


No he wasn't despite what the others have said.
http://www.gardenlaw.co.uk/trees.html

A UK law is applicable in Ireland now? Damn.

Timothy Murphy wrote:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

Any advice gratefully received.




Actually the neighbour who owns the tree is responsible for stopping it
doing anything to upset his neighbours 'quiet enjoyment' - a legal term!

So all is kosher, except if I were him I would bag up the rubbish,
apologise to the neighbour, and discuss what might be done to prevent
such obvious ill feeling arising again.

Timothy Murphy wrote:

Neighbour B has the legal right to cut all branches and roots of shrubs,
trees etc upto the boundary of his property - but these must be returned
to
neighbour A. If neighbour B disposes of the 'cuttings' without the
permission of A, then that could be construed as theft of property - see:

http://www.gardenlaw.co.uk/ for more and better detailed information.

Thanks very much for all the replies.
It seems this rather unpleasant man was within his rights
in throwing garden waste into my friend's garden.
Sad.

No, not garden waste, someone else's property that fell into his garden
when he excercised his pruning rights..

The Natural Philosopher wrote:
Timothy Murphy wrote:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

Any advice gratefully received.




Actually the neighbour who owns the tree is responsible for stopping
it doing anything to upset his neighbours 'quiet enjoyment' - a legal
term!
So all is kosher, except if I were him I would bag up the rubbish,
apologise to the neighbour, and discuss what might be done to prevent
such obvious ill feeling arising again.

Agreed,

In my case, I have that agreement with a neighbour whose tree overhangs my
garden (birch of all damn things [1]) and I cut the overhanging branches and
roots that cause me problems *and* dispose of the cuttings via the local
recycling scheme (he doesn't want them back).

[1] The blasted roots of this tree are almost knocking my back door
that's well over 10 metres away from it!

Cash

robgraham wrote:
On 6 Dec, 15:41, Timothy Murphy wrote:
The neighbour B of my friend and neighbour A
has cut down branches of shrubs
planted in A's garden but growing on B's side of the wall,
and has thrown the material (quite a large amount) over the wall.

What is the legal position about trees and shrubs
growing from one property over a neighbour's property?
I assume the neighbour is entitled to cut down the material
on his side of the wall,
but who is responsible for disposing of this material?

Any advice gratefully received.

Neighbour B has exercised his prerogative to trim any branches growing
over to his side of the fence and has further returned A's property to
him. B's actions are correct

Allbeit not very diplomatic. He would have been much better off discussing
the matter with your mate in a friendly manner and reaching an amicable
agreement.


--
Dave - The Medway Handyman
www.medwayhandyman.co.uk

On Sat, 06 Dec 2008 16:16:39 +0000, Andrew Gabriel wrote:

In article ,
Timothy Murphy writes:
The neighbour B of my friend and neighbour A has cut down branches of
shrubs
planted in A's garden but growing on B's side of the wall, and has
thrown the material (quite a large amount) over the wall.

That is exactly what B is allowed to do (but B mustn't do any damage on
A's property, such as chucking the cuttings through a greenhouse
window).

What is the legal position about trees and shrubs growing from one
property over a neighbour's property? I assume the neighbour is
entitled to cut down the material on his side of the wall,
but who is responsible for disposing of this material?

A.

Any advice gratefully received.

It would have been better is B had talked with A first.

Agreed. In a non-rural environment it seems that B is on a good deal.
In a rural setting, where the cuttings might be a valuable source of fire
wood (say), it all makes a lot more sense.

However jaw jaw better than law law which is better than war war.

--
Ed Sirett - Property maintainer and registered gas fitter.
The FAQ for uk.diy is at http://www.diyfaq.org.uk
Gas fitting FAQ http://www.makewrite.demon.co.uk/GasFitting.html
Sealed CH FAQ http://www.makewrite.demon.co.uk/SealedCH.html
Choosing a Boiler FAQ http://www.makewrite.demon.co.uk/BoilerChoice.html

On Sat, 06 Dec 2008 18:07:35 +0000, Kevin
wrote:

d.
http://www.gardenlaw.co.uk/trees.html
"Branches that grow so as to overhang your neighbours' land are
trespassing on his air space. The neighbour can chop the branches back
to the boundary but he has to return the lopped branches to the owner of
the tree together with any fruit that might have been on them. If he
lops beyond his boundary then it is a trespass.

Yet almost immediately the trespass of the branches growing comes back
across the boundary. Chopping some distance beyond the boundary ought
to be 'more legal' but it isn't, I'd ban all hedges within 6 feet of
a boundary, they are a complete pain in the arse!


--