Pruning a tree in neighbours garden

[8ob]

There are some horror`s out there where neighbours have taken it upon themselves to straight side boundary trees, the ones below were hacked so badly it killed them. The neighbour just planted new ones in front leaving the unsightly ones in place, the guy that hacked them must be kicking himself now.

 

[roofman]

I don't do work now where the householder has built right up to boundary line and you need access from next door...My price covers work and duty of care for one property ime contracted with and ime certainly not baby sitting another property for nothing

 

[TechnicAl]

Ive also got a weeping willow on the front that overgrows the pavement (that only goes to my house) so I get a letter from the council every year telling me to cut it back.....as we are in a Conservation Area I also get a letter telling me that I cannot cut it back.

 

[gaz1]

do you know something 8ob ive done that myself

the point is that bush is not growing its branches onto my property

the fault squarly lies with the owner of the other property who arrogantly grows them right at the boundary line or very close to it

with the we dont care attitude if it grows onto your property its your problem not ours

its this law that needs changing to

if you allow your growing plants onto other property they have the right to cut them down and leave the off cuttings on the owners land
this is not dumping rubbish but infact returning your materials
the owner of the other property has then the legal right to take you to the small claims court for reimbursement for the work undertaken by others where you have not maintained your own property

then id love to see how quick people get off there backsides to then maintain there own

 

[arther dailey]

a solicitor told me they dont want the laws changed as it is 70% of their work ...boundary disputes.

 

[brightspark]

a solicitor told me they dont want the laws changed as it is 70% of their work ...boundary disputes.

they wouldnt get a penny out of me all my boundry fences are 2 inch in my property from the line so no chance of a dispute

 

[8ob]

Ive also got a weeping willow on the front that overgrows the pavement (that only goes to my house) so I get a letter from the council every year telling me to cut it back.....as we are in a Conservation Area I also get a letter telling me that I cannot cut it back.

There is not normally a problem with duty of care work on trees with TPO`s or those in a blanket conservation area, just fill in the application and send it off. TO will sometimes want to visit to assess the scope of works and may make a few recommendations, not something to worry about.

Bob

 

[arther dailey]

Could be a knock on the door and both of you come to an aggrement You both have every thing to gain!

tried all that, even had the same boundary expert that abramavich used, he said I was 100% right , asked him to mediate , the other party refused a meeting , the expert said there was nothing more he could do , I need a barrister...
a local policeman came around, heard I had a problem, explained the legal advice etc etcthat I had been given , well your entitled to put a fence up on your boundary Dont let thembully you, so I advised solicitors etc etc and put the fence up, making sure I stayed within my boundary. the neighbour ripped it all down...
I got solicitor involved , after a couple of letters he said he couldnt do any more and sent me alarge bill, I asked why cant you go further, it seems his firm was told they would lose a lot of work because my neighbour had connections, he refused to say any more.
I phoned the police who had advised me to put the fence up and not to be bullied , they said nothing to do with us, I said yes it is criminal damage, no its civil...goodbye...
its basically if you have the monies you can do anything you like and legally get away with it.

 

[8ob]

tried all that, even had the same boundary expert that abramavich used, he said I was 100% right , asked him to mediate , the other party refused a meeting , the expert said there was nothing more he could do , I need a barrister...
a local policeman came around, heard I had a problem, explained the legal advice etc etcthat I had been given , well your entitled to put a fence up on your boundary Dont let thembully you, so I advised solicitors etc etc and put the fence up, making sure I stayed within my boundary. the neighbour ripped it all down...
I got solicitor involved , after a couple of letters he said he couldnt do any more and sent me alarge bill, I asked why cant you go further, it seems his firm was told they would lose a lot of work because my neighbour had connections, he refused to say any more.
I phoned the police who had advised me to put the fence up and not to be bullied , they said nothing to do with us, I said yes it is criminal damage, no its civil...goodbye...
its basically if you have the monies you can do anything you like and legally get away with it.

Another problem with boundary disputes is the thickness of the boundary lines on drawings and OS maps can be as much as a meter out, normally ends up with an independent surveyor being appointed by the courts to attend site and look for historical markers like old posts and wire in trees etc.

Bob

 

[Stupoty]

Have you popped round to thank them for trimming the tree as you had a tree surgeon booked for next week to do it?

 

[MetalMonkey]

To be fair, trees and hedges have been historically used to mark boundaries.
Given they can be around for a long time it is a little unfair to lay blame at the tree or the property owner, neither of which may have been responsible for choosing its location...

 

[gaz1]

Another problem with boundary disputes is the thickness of the boundary lines on drawings and OS maps can be as much as a meter out, normally ends up with an independent surveyor being appointed by the courts to attend site and look for historical markers like old posts and wire in trees etc.

Bob

enjoy your read 8ob

A Very Informative Post about Boundaries and Plans - Garden Law Discussion

a solicitor told me they dont want the laws changed as it is 70% of their work ...boundary disputes.

arther is spot on unless you have money you havent a leg to stand on

so your house and land may have to be sold just to protect your own property

it really does make a mokery of the whole legal system

ive read often enough pay insurance for your legal fees on protecting your property they will fight your battles blah blah

sorry to me thats another bank gimmick which the owner yet again pays through the nose for when infact it can be changed some could get a petetion up to force the change with hedges so owners are made to maintain there propertys from over growing onto others lands

do you know that the council can force you to trim your hedges / bushes when its going over the causeway first off by sending you a letter with warnings then further warnings before they do it themselves and bill you for the work

i cant see why the same rule cant apply for homeowners as well

 

[northwest]

the fault squarly lies with the owner of the other property who arrogantly grows them right at the boundary line or very close to it

So, if the previous owner planted the trees and you move in, where does that leave you?

it really does make a mokery of the whole legal system

English law is mostly based on the legal theft of land.

 

[pedrobedro]

if you allow your growing plants onto other property they have the right to cut them down and leave the off cuttings on the owners land

You have the right to cut them but if you dump the rubbish on them you are fly tipping. You are supposed to ask if they want them returned and if they decline it is your problem.

 

[arther dailey]

Another problem with boundary disputes is the thickness of the boundary lines on drawings and OS maps can be as much as a meter out, normally ends up with an independent surveyor being appointed by the courts to attend site and look for historical markers like old posts and wire in trees etc.

Bob

specialist boundary firm did that..its a ditch and bank, on the bank is my stock fence ,then the ditch ,other side of ditch is my boundary but the neighbours wanted to buy the field...but I did, even the solicitor said when I was signing the papers you have to selll to mr x, I stopped, asked him was I buying this piece of land as marked out, well yes, then who the hell are you to tell me who I Have to sell to..anyways he went on to explain , his wife loves your parents orchard and he has promised her the field behind so she can do similar, he is going to give you hell.....

 

[arther dailey]

So, if the previous owner planted the trees and you move in, where does that leave you?


English law is mostly based on the legal theft of land.

oh so true

 

[arther dailey]

I apolagise to the OP of this post for jumping in and hijacking, sorry, its an emotive issue for me unfortuantly !

 

[Ali]

I apolagise to the OP of this post for jumping in and hijacking, sorry, its an emotive issue for me unfortuantly !

it’s all interesting stuff. “Somewhere” I heard that if you erect a fence and nobody complains about it for X years the land becomes yours (presumably within reason). Like my neighbours who were too lazy to remove the old fence before putting up a new one 1ft behind it, their loss my gain as I just removed the original.

 

[Seadog]

I believe that if there is a piece of land to which no one has any apparent interest, if you erect a boundary and maintain it for 12 years, then the land becomes yours. As to your neighbour's fence, I'd say you've stolen his land.

 

[daleyd]

it’s all interesting stuff. “Somewhere” I heard that if you erect a fence and nobody complains about it for X years the land becomes yours (presumably within reason). Like my neighbours who were too lazy to remove the old fence before putting up a new one 1ft behind it, their loss my gain as I just removed the original.

You mean it *blew away in the recent high winds*

ahem