Fallen tree, who does it belong to now?

icanshootwell

Member
Location
Ross-on-wye
Have a boundary hedge which had a willow tree growing approx from the middle of it. It,s fallen on my side, does it now become my tree. I get on ok with my neighbour and have not spoken to him yet. Not really sure who owned the tree when it was standing.
 

Sid

Member
Livestock Farmer
Location
South Molton
Standing timber, you have the right to trim anything overhanging your property but have to offer the timber to who's property its growing upon.
Always found they say keep it.
But always ask
 

Exfarmer

Member
Location
Bury St Edmunds
Technically it is still the property of the guy whose hedge it is. You do not own overhanging branches, but you can trim them but you should return them..
if you would like the timber, I suspect there is a fair chance the neighbour would be happy for you to have it, speak to him first though
 

Tim G

Member
Livestock Farmer
Do what my neighbour did, tree on boundary fell into his field, his guys went with the telehandler to clear it, they picked it up and shoved it over our side.
Unfortunately they dropped it on the fence and our stock got out onto his fields.
 

jamj

Member
Location
Down
Whose hedge?
If the ditch is your side it would normally be neighbours hedge, if ditch is his side then your hedge and tree. Usually the way it works.
Surprisingly solicitor told me that is not usually correct in law. A court case decided that digging a ditch (which would have been by hand), spoil would be thrown unto your own ground at the boundary. This allows your land to drain into ditch, without being restricted by spoil. Boundary hedge planted on top of ditch. So ditch and hedge belong to same person.
 

Exfarmer

Member
Location
Bury St Edmunds
Surprisingly solicitor told me that is not usually correct in law. A court case decided that digging a ditch (which would have been by hand), spoil would be thrown unto your own ground at the boundary. This allows your land to drain into ditch, without being restricted by spoil. Boundary hedge planted on top of ditch. So ditch and hedge belong to same person.
I rather think that is what the OP put
 

alex04w

Member
Mixed Farmer
Location
Co Antrim
This question comes up time and again, and the answer is simple.

When a tree is growing, it belongs to whomever owns the land it is growing on. If its branches hang over your property, you have a right to trim them, but you must return the branches to the owner of the tree. They cannot stop you trimming what hang over your property, but you must return the off cuts.

Once the tree falls, it belongs to whoever's land it fall on. It is no longer living and not attached to the ground which is owned.

While there is an argument over who owns the hedge when the tree is living and growing, that argument is irrelevant when the tree has fallen.

It belongs to whoever owns the land it fell on.

The principle has been established by Court cases relating to fruit trees. When the apple is growing on the tree it belongs to the owner of the tree (even if the branch is hanging over the boundary wall and is over your property). However once the apple falls off the tree and lands on your property the apple is yours!
 
This question comes up time and again, and the answer is simple.

When a tree is growing, it belongs to whomever owns the land it is growing on. If its branches hang over your property, you have a right to trim them, but you must return the branches to the owner of the tree. They cannot stop you trimming what hang over your property, but you must return the off cuts.

Once the tree falls, it belongs to whoever's land it fall on. It is no longer living and not attached to the ground which is owned.

While there is an argument over who owns the hedge when the tree is living and growing, that argument is irrelevant when the tree has fallen.

It belongs to whoever owns the land it fell on.

The principle has been established by Court cases relating to fruit trees. When the apple is growing on the tree it belongs to the owner of the tree (even if the branch is hanging over the boundary wall and is over your property). However once the apple falls off the tree and lands on your property the apple is yours!
Just for clarity, has the ownership of a fallen tree been established in a court case or just the principle involving an apple which you are applying to a whole tree?
 

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