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Overhanging buddleia

ElizaRoseElizaRose Posts: 121
in Plants
Hello all, 

Can I cut back an overhanging buddleia at this time of year? It's my neighbour's but she is not tending her garden. My husband doesn't like it overhanging. I figure it's fine to cut back now that it's finished flowering, but I don't want to harm it from flowering next year. TIA.
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Posts

  • Hostafan1Hostafan1 Posts: 34,889
    You can cut it back, but strictly speaking, legally, you have to "offer it back" to your neighbour.
    Devon.
  • ElizaRoseElizaRose Posts: 121
    Thanks Hostafan1. Mot quite sure I understand what is meant by offering it back to the neighbour. She's a very absent neighbour and I only want to cut what is overhanging from the height of the fence. 
  • Hostafan1Hostafan1 Posts: 34,889
    technically it's hers, but you're allowed to cut what overhangs, but the law says she must be offered the cut material. ( I think it's aimed at folk cutting branches of apples, for example )
    You can't , as some do, just chuck it back over her side of the fence either. ( not that you'd contemplate such a thing )
    Devon.
  • Hampshire HogHampshire Hog Posts: 330
    @ElizaRose you might find this link helps its written by a barrister regarding trees and the law.
     http://www.problemneighbours.co.uk/problems-with-neighbouring-trees-action-guide.html
    "A society grows great when old men plant trees whose shade they know they shall never sit in."
  • Hostafan1Hostafan1 Posts: 34,889
    according to your article,I was right.
    "You have a common law right to cut back tree branches that overhang onto your property. It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so.
    • The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
    • Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back.
    • Equally any fruit on trees, even if they are growing on branches which overhang your property, still belongs to your neighbour. You are therefore stealing if you pick these for yourself without your neighbours' permission.
    Devon.
  • Hampshire HogHampshire Hog Posts: 330
    It is interesting I never knew you could cut back the roots for instance or get them to pay to have your gutters cleaned out. Never really thought about it  :/
    "A society grows great when old men plant trees whose shade they know they shall never sit in."
  • FireFire Posts: 19,096
    Eliza, it's fine to cut back anything over hanging into your garden.
  • plant pauperplant pauper Posts: 6,904
    Ask permission!
    My mum painted her side of her neighbour's fence and he threatened to send for the police!
    She's 82!

  • ElizaRoseElizaRose Posts: 121
    Thanks very much for this information - I had no idea that you had to give the trimmings back to the owner - I can kind of understand the rationale, but in practical terms not so much! I've also recently picked some pears overhanging my garden - in fairness my neighbours had just moved out! 
  • FireFire Posts: 19,096
    "I had no idea that you had to give the trimmings back to the owner".

    You don't. Nobody does.

    You really don't have to ask permission to trim over hanging bits in your own garden.

    My mum painted her side of her neighbour's fence and he threatened to send for the police! She's 82!

    ... yes the neighbour was a loon.

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