Neighbour's garden

ttenneb

My neighbour has trees which are encroaching on my garden shed and which could possibly destabilise the garden wall. Following discussion am I entitled to cut the encroaching branches and return them to his side of the wall?

looksee

Yes, you can cut off anything your side of the wall. I think the idea is that you offer the neighbour the branches though, rather than just chuck them over the wall. Though what you do if they just fall off his side when you cut them, I'm not sure

ttenneb

ttenneb wrote: »

My neighbour has trees which are encroaching on my garden shed and which could possibly destabilise the garden wall. Following discussion am I entitled to cut the encroaching branches and return them to his side of the wall?

I've always heard it said that any branches overhanging your property can be cut off at the property line and returned to the neighbour as they are his property. Personally I would get rid of them myself if you had the means just to keep up good relations.

Have you had a conversation yet? If the trees are going to knock the wall he might be willing to remove them

drunkmonkey

Is there times of the year you can't do it, remember the last time I went about it the neighbour nearly had a canary as he said birds nest where I was cutting.

drunkmonkey

drunkmonkey wrote: »

Is there times of the year you can't do it, remember the last time I went about it the neighbour nearly had a canary as he said birds nest where I was cutting.

It is an offence to 'cut, grub, burn or otherwise destroy hedgerows on uncultivated land during the nesting season from 1 March to 31 August, subject to certain exceptions'.

I presume from this that a hedge in a garden is ok but if you concerned about birds nesting them you could leave it until September.

ttenneb

I've spoken to the neighbour, who isn't next door but backing on to my garden. On that occasion it was the intrusion of ivy which was the problem. He said it originated in someone else's garden and he'd tried to contain it. The major problem is that there's an overhang of about 2 metres of thick branches from a well established tree, and a less invasive one from two smaller trees. The amount of offcuts would be quite substantial. My concern is not to antagonise the neighbour but I just don't need this amount of stuff which I'd have to dispose of and have to address every so often as the trees continue to grow. I appreciate that I've got to approach it in a conciliatory manner, but if I get a negative reaction I'll have to persist.Thanks for the advice.

_Brian

It’s not the ideal time to cut them, but you can if you must

Cut it and ask if he wants the wood back, if not then just deal with it yourself.

I would be pointing out though that there is a risk of his tree damaging the wall and he may want to deal with that before damage is caused.

pablo128

Throw the cuttings over his wall. They're his. Why should you have to get rid of them. He has already been given an opportunity to sort it out and he hasn't.

beauf

_Brian wrote: »

It’s not the ideal time to cut them, but you can if you must....

No matter what time of the year it is, someone always says that to me.

What is the ideal time?

seagull

You can cut back to the property line, and you are obligated to offer the cuttings to the owner of the tree. He is not required to take them. I'm presuming the logic is that the law dates back to a time when large chunks of tree for firewood would be useful.