Overhanging branches on a tree

[obsessed]

If someone has a 60 foot tree in their garden and the branches are overhanging into a neighbours garden does that person has a legal obligation to remove the branches or pay the cost of removing them if the neighbour in question does not have sufficient funds to pay this themselves.

[milly143]

Not sure if they owner has to do anything but what I do know is that if the person who's garden the tree overhangs in trims anything back off the tree, by law they have to return the cuttings to the owner.

[obsessed]

Many thanks for your answer Milly. I sort of knew that, but the person in question is elderly and would not be able to do this.

[boxtops]

As milly says - you are legally permitted to cut the overhanging branches back to your boundary (level e.g. with your fence or wall), and either offer or give him the branches back, as the branches and any fruit remain the tree-owner's property. There is no obligation (IMO) on the tree-owner to pay for the work, as some people may like trees hanging over, others won't.

there was a thread on here a few weeks back where someone had cut right back to the trunk on a neighbour's tree and that meant they'd had to lean over the fence to do it - that counts as trespass. Stay level with your boundary and it's OK.

[ChuckFickens]

You can trim it back to the boundary line and you have to offer the cuttings to the owner of the tree, they don't have to accept them though and if they don't it's your responsibility to dispose of them.

However, if it's a large tree make sure there are no tree protection orders on it before cutting it back.

[woofgang]

We are in a similar situation with a couple of extra quirks. The tree that overhangs out garden has a TPO on it...we don't especially want it cut back anyway BUT we had a man from the Councils's tree group to come and look at our trees. He said without prompting that the overhanging tree looked to him like it could do with a trim as there was quite a bit of dead wood on it. He said that even though the tree has a preservation order on it, it is the responsibility of the owner to keep the tree safe and if anything big fell off it and caused damage or injury then the owner of the tree would be responsible.