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Legalities of pruning neighbours overhanging tree branches

dtaggart1975dtaggart1975 Posts: 24
in Problem solving
Hi there, just after some advice/opinions on this matter. I have a tree surgeon coming out after the weekend to prune back my neighbours trees. I have informed both neighbours that this is happening, offered them the return of the branches etc. Essentially trying to ensure that I have followed the right process regarding the law. However both neighbours are objecting to me cutting the overhanging branches for the above points:-

1) Firstly one tree is a eucalyptus and they say it should be pruned only in Feb/March so I am not allowed to prune back outside of these dates.

2) Secondly the large tree over growing my garden is on the boundary of 3 properties; my property, my neighbours property who owns the tree and a third neighbour whose garden the tree is also overhanging. The third neighbour (the neighbour who doesn't own the tree) is objecting to me cutting back the overhanging branches as it will remove growth from their garden as well.

Just wondering if a) I can prune overhanging trees at any time of the year irrespective of my neighbours thoughts on the matter are, and b) whether my neighbours can have any say on whether I prune back the overhanging branches on my border if it affects them too.

I understand this is slightly more complicated than the usual neighbours overhanging branches issue so any advice appreciated.

Thanks
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Posts

  • Lizzie27Lizzie27 Posts: 12,494
    Some problem!  Have you done a quick search online on when eucalyptus should be pruned?  It may be that the sap drips at a certain time of year?  As far as the legalities are concerned, you are entitled to cut back any overhanging branch from somebody else's tree on your property. They might object, but they can't stop you doing it. Hopefully the tree surgeon knows his job and will do it sensitively.  
    North East Somerset - Clay soil over limestone
  • Hostafan1Hostafan1 Posts: 34,889
    I agree with @Lizzie27, you , and your tree surgeon are abiding by the law. 
    The only caveat is if there are birds nesting and that comes under wildlife and countryside act and mustn't be disturbed.
    As I read it, you've done everything within the law and you are entirely within your rights.
    Devon.
  • punkdocpunkdoc Posts: 15,039
    I have had much hassle from a neighbour over trees, so hope I am fairly well informed.
    You have done everything you need to do, unless there are birds nesting in the tree, in which case you must wait until the end of August.
    How can you lie there and think of England
    When you don't even know who's in the team

    S.Yorkshire/Derbyshire border
  • KT53KT53 Posts: 9,016
    I would have thought that if you have the agreement of the neighbour in whose garden the tree is growing that is all you need.  Although strictly speaking you don't even need that, it is nice to keep them on side.  The opinion of the other neighbour is of no more consequence than if the tree was in your own garden.
  • NollieNollie Posts: 7,529
    As far as when to prune Eucalyptus, the usual time is in the dormant season, before Spring growth starts. Usually this is before the end of March, but is location/weather dependant. So your neighbour may be right on this one, I’m afraid. The tree surgeon can advise if it is still appropriate to prune it now.

    With regard to the neighbour who doesn’t own the tree is concerned, as others have said, you are entitled to prune overhanging branches on your property, so long as the pruning saw do not stray over the vertical boundary, which would be encroaching on their property.
    Mountainous Northern Catalunya, Spain. Hot summers, cold winters.
  • dtaggart1975dtaggart1975 Posts: 24
    Thanks all for your responses. To be honest I do not have the best relations with my neighbours. I have recently obtained planning approval for a large amount of work to my property which they all opposed. Feels to me like this is a co-ordinated attack by the them off the back of that. Glad to know I am not missing anything or doing anything intrinsically wrong.
  • Pete.8Pete.8 Posts: 11,340
    I had a very out of control eucalyptus (that eventually got to over 100ft).
    I used to hack bits off any time of the year and it just made it send our huge amounts of water shoots the following year.
    Ideally they should be pruned in the winter, but they are very, very tough trees.
    I eventually had mine taken out.

    Billericay - Essex

    Knowledge is knowing that a tomato is a fruit.
    Wisdom is not putting it in a fruit salad.
  • young codgeryoung codger Posts: 543
    I think there should be a law change. When we cut over-hanging branches from neighbours trees, why should we have the hassle of getting rid of them on top of the work and cost of cutting the braches off.

  • SkandiSkandi Posts: 1,723
    Oh I did it once with an entire 100m row of trees! I lived in a little terrace in the Midlands with a private road behind it, the Nursing home on the other side of that road had planted a row of sycamore on their side of the road (which they had no access to and did not own) Those trees were now leaning over the road, over our back yards and in some cases touching our house walls. I did ask if we could cut them back a bit thinking to the back walls but was told no you may not touch our trees, so I got Everyone's permission in writing who had a share of the road and then had all the trees cut back right to the road wall. The more amusing thing was that they complained part way and called the police, who appeared checked the permissions and said carry on. We then left them the cuttings since they insisted we did everything by the letter of the law. since the letter of the law states that all fruit/branches must be returned to the owner unless they state otherwise.. we put it all on their lawn.
    Just remember that it really does burn all bridges to the neighbours. But if you're already having problems.. meh.
    is a good little overview, I did not know the law applied to roots as well.


  • BenDoverBenDover Posts: 488
    Law is on your side.  Any tree or hedge, or roots thereof that cross over the boundary may be cut in line with the fence or boundary.  You must offer them back to the owner otherwise you could be charged with theft, or do as my neighbour does to me, and simply throw them over the fence (which I find slightly annoying and petty to be honest as when I do it other way around even offering it back and they say no, I put it in my green recycle - but there you go.  Now't so queer as folk).  This may be incorrect, but I think I did read once that you shouldn't do any harm to a plant maliciously so as to kill it outright or you could be charged with criminal damage.  However, I think it would be quite hard to prove unless you were found with a pack of copper nails in your hands or an industrial pack of weedkiller.  It is unfortunate the neighbours couldn't be a bit more understanding and I guess the risk is now you're going to be in their bad books for a while to come.  The potential is that the owner could be placated if you agree to wait to do the work in the very early spring, which may be inconvenient to you, but avoids any bad air in the future.  I think in cases like these it may be a helpful compromise.  The owner hasn't said no completely so that at least is a positive.  The other neighbour can just go and sing - it's not their tree, and the fact that the tree overhangs on to their garden subsequent to yours is just consequential. 
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