Law on branches falling into neighbour's property?

hometruths

Anybody know of legal position re windblown branches falling into neighbours property?
I'm away at minute but got a call from neighbour mentioning a largish branch had fallen into his garden (large enough that it would need cut before dragging away)? I said I'd get someone to deal with it. As I am away cannot get someone to deal with it until weekend. Mentioned this to him and he is being quite insistent that I sort it tomorrow or Wednesday.
My gut tells me he can't really be that demanding? Equally don't want to fall out over a branch!
Anyone know if he actually can be that demanding if he wishes?

Waffletraktor

Is the tree on "your" side or a shared boundary?

endacl

If it was apples falling he wouldn't be complaining.

Tell him you'll sort it as soon as possible. If as soon as possible isn't good enough, suggest he takes care of it himself send you'll drop in a bottle of wine for the inconvenience.

hometruths

Waffletraktor wrote: »

Is the tree on "your" side or a shared boundary?

yep

hometruths

endacl wrote: »

If it was apples falling he wouldn't be complaining.

Tell him you'll sort it as soon as possible. If as soon as possible isn't good enough, suggest he takes care of it himself send you'll drop in a bottle of wine for the inconvenience.

that is exactly my thinking, and how i would like to deal with it, a little worried from tone of his email that that won't be good enough!

foxy farmer

After looking at a few threads over on Legal Discussion it would seem that he can cut the limbs himself but that he must return the cut pieces to you. Sounds like an awkward so and so. If the limbs are breaking off this time of the year when we have no high winds it might be no harm to check if the tree is diseased. You don't want the tree falling onto his property.

148multi

When a tree or part of one falls into a neighing property it becomes the neighbors property, as long as there was no damage done you will have no responsibility.

endacl

148multi wrote: »

When a tree or part of one falls into a neighing property it becomes the neighbors property, as long as there was no damage done you will have no responsibility.

^^
This. My suggestion was in the interest of neighbourliness, OP. Feel free to tell him to treat it as surprise garden furniture if you like.

hometruths

Thanks all, I will try and sort it this week in interests of neighbourly goodwill! And if that's not good enough, so be it.

enricoh

You told him your on hollyers and u'll sort it out as soon as you get back and he's still on about it.
All by email of course for the paper trail, sounds like a tool tbh, I'd call over a week after I get back now

mf240

You need to contact the special branch.

Keepgrowing

Couple of observations
You're on vacation
How did this knob have your email

_Brian

This guy sounds like Victor Meldrew, ffs your away on your holidays and he is being like a spoiled kid.

If you have someone you can ask it would be handy, otherwise surely he will be fine until you come back.

Is there any previous form between you ??

hometruths

No previous form at all, which is why I don't want to make a big deal out of a branch if I can avoid it! I've seen how little things can escalate quickly between neighbours!

I think I have it sorted, I've asked somebody who will be there anyway to deal with it and helpfully they said yes; they can do it this evening and that should solve the problem.

Just a bit surprised that neighbour felt it was so urgent, in the little contact I've had, always found him to be quite a decent sort. Anyhow, hopefully no harm done.

_Brian

schmittel wrote: »

No previous form at all, which is why I don't want to make a big deal out of a branch if I can avoid it! I've seen how little things can escalate quickly between neighbours!

I think I have it sorted, I've asked somebody who will be there anyway to deal with it and helpfully they said yes; they can do it this evening and that should solve the problem.

Just a bit surprised that neighbour felt it was so urgent, in the little contact I've had, always found him to be quite a decent sort. Anyhow, hopefully no harm done.

Good stuff.
Sher ya never know what lads are doing, maybe they have kids visiting and are worried about something. But being unreasonable out of the blue like that isn't great for neighbor relations.

Sam Kade

Can people do anything for themselves anymore? They must always find someone to blame for every situation. I suppose he'll want all the sawdust collected and taken away as well.

_Brian

Reminds me.

Two years ago two wild heifers broke on me, found themselves maybe two miles from home and I had them cornered in a field beside a neighbors yard.
I asked could I use his crush to load them and he said no way, bring them back the way they came was his reply. I was shocked and thought he was joking which got awkward quite quickly.

We tried bringing them back but of course they covered another three or four miles before I cornered them with another farmers stock, he brought them all into the yard and we were able to load them there, he insisted we inject them both in his crush to avoid having to do it back home as he was there to help.

Some difference in people when your in a jam.

Sam Kade

_Brian wrote: »

Reminds me.

Two years ago two wild heifers broke on me, found themselves maybe two miles from home and I had them cornered in a field beside a neighbors yard.
I asked could I use his crush to load them and he said no way, bring them back the way they came was his reply. I was shocked and thought he was joking which got awkward quite quickly.

We tried bringing them back but of course they covered another three or four miles before I cornered them with another farmers stock, he brought them all into the yard and we were able to load them there, he insisted we inject them both in his crush to avoid having to do it back home as he was there to help.

Some difference in people when your in a jam.

Well, you know what to do if any of his cattle come onto your land.

I had a neighbour one time whose cattle broke onto land I had rented he was insisting that my cattle broke down the ditch and called them over.

TOEJOE

Sam Kade wrote: »

Can people do anything for themselves anymore? They must always find someone to blame for every situation. I suppose he'll want all the sawdust collected and taken away as well.

The tree is the responsibility of the owner of the tree. While overhanging branches can be cut off by the property owner and returned to the owner of the tree.My feeling on the issue is if a large branch fell off a tree into my back garden and I was unable to cut it up I would expect the owner of the tree to look after it.

patsy_mccabe

Just to clarify, if a full tree falls into a neighbours A property and that tree was growing inside the boundary of neighbour B, who owns the tree now, A or B?

I'm in that predicament at the moment with 3 fallen trees. They were growing on my side of a stream but fell in the last storm across into my neighbours land. (You'd laugh if I told you who my neighbour is? )

Keepgrowing

patsy_mccabe wrote: »

Just to clarify, if a full tree falls into a neighbours A property and that tree was growing inside the boundary of neighbour B, who owns the tree now, A or B?

First on scene with a saw

White Clover

patsy_mccabe wrote: »

Just to clarify, if a full tree falls into a neighbours A property and that tree was growing inside the boundary of neighbour B, who owns the tree now, A or B?

I'm in that predicament at the moment with 3 fallen trees. They were growing on my side of a stream but fell in the last storm across into my neighbours land. (You'd laugh if I told you who my neighbour is? )

Go on patsy, give us a laugh :-P

Sam Kade

TOEJOE wrote: »

The tree is the responsibility of the owner of the tree. While overhanging branches can be cut off by the property owner and returned to the owner of the tree.My feeling on the issue is if a large branch fell off a tree into my back garden and I was unable to cut it up I would expect the owner of the tree to look after it.

So if the owner of the tree came in with a chainsaw without insurance and had an accident while using it you could be liable because it's on your property.

Sam Kade

White Clover wrote: »

Go on patsy, give us a laugh :-P

He's probably a forester.

Keepgrowing

Sam Kade wrote: »

He's probably a forester.

Justin Timber lake

patsy_mccabe

White Clover wrote: »

Go on patsy, give us a laugh :-P

Well he does be on the TV from time to time. Her even more so. Enough said.:D

Sam Kade

Sam Kade wrote: »

So if the owner of the tree came in with a chainsaw without insurance and had an accident while using it you could be liable because it's on your property.

If they are that worried they can hire a contractor

If you decide to have trees on your property then take responsibility if a large piece falls into neighbouring boundary

Sam Kade

Deleted User wrote: »

If they are that worried they can hire a contractor

If you decide to have trees on your property then take responsibility if a large piece falls into neighbouring boundary

If you decide to have trees on your property? it's not as if you were around when they were being planted. What do you suggest, cut them all down even though you need to get permission to cut down a tree over 10 years old.

endacl

enricoh wrote: »

on hollyers

Yes.

Keepgrowing wrote: »

on vacation

NO!!!

:mad:

Sam Kade

patsy_mccabe wrote: »

Well he does be on the TV from time to time. Her even more so. Enough said.:D

Would he be the eco warrior?

Sam Kade

Sam Kade wrote: »

If you decide to have trees on your property? it's not as if you were around when they were being planted. What do you suggest, cut them all down even though you need to get permission to cut down a tree over 10 years old.

They were there when you decided to purchase the property. Don't expect your neighbours to clean up your mess

barnaman

http://www.treesurgeryshenfield.co.uk/blog/who-is-responsible-for-clearing-a-fallen-tree

all holds true here

endacl

Deleted User wrote: »

They were there when you decided to purchase the property. Don't expect your neighbours to clean up your mess

Well, legally and extremely pedantically, it is the neighbour's mess...

Sam Kade

Deleted User wrote: »

They were there when you decided to purchase the property. Don't expect your neighbours to clean up your mess

So you should cut down all trees on any property you purchase, I think it's time you stop digging and throw away the shovel.

alps

There is only one thing for certain here...

The neighbour is an asshole.....

And while the branch can be sorted. ...

He'll probably always be an asshole...

endacl

alps wrote: »

There is only one thing for certain here...

The neighbour is an asshole.....

And while the branch can be sorted. ...

He'll probably always be an asshole...

Depends where the branch is shoved...

kowtow

patsy_mccabe wrote:

Just to clarify, if a full tree falls into a neighbours A property and that tree was growing inside the boundary of neighbour B, who owns the tree now, A or B?

Go to your neighbour - A - and tell him that he now owns a tree.

But tell him there was a heifer sitting in it at the time, which must be returned or paid for.

Base price

Before long there will be a law about leaves blowing into your neighbours property 😌

ganmo

Base price wrote: »

Before long there will be a law about leaves blowing into your neighbours property 😌

If it stops ppl blowing them around with leaf blowers I'd be all for it

lakill Farm

plaster the field in pig slurry that will shut him up

MF290

endacl wrote: »

Depends where the branch is shoved...

He'll just be an asshole on a stick then

J.O. Farmer

[Deleted User] wrote: »

They were there when you decided to purchase the property. Don't expect your neighbours to clean up your mess

What if you didn't decide to purchase the property because your great great grandfather did without asking for your advice particularly regarding the saplings on the boundaries.