Fallen tree, who does it belong to now?

[icanshootwell]

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.

 

[Northeastfarmer]

Half it...no arguing then

 

[icanshootwell]

Half it...no arguing then

Thats what i was thinking, but not sure if there,s an old English law that someone might come along and quote me.

 

[Lincs Lass]

Whose is it

 

[unlacedgecko]

Me. It all belongs to me. I'll be over Thursday to collect it. Please have it logged in 6ft lengths and left within 10m of a hard track.

 

[Sid]

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]

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

 

[David.]

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.

 

[Billboy1]

If it falls on my side I have it , if it falls on my neighbours side he has it seems to work for us

 

[roscoe erf]

Thats what i was thinking, but not sure if there,s an old English law that someone might come along and quote me.

yes if it falls and damages your property its your tree if it falls and damages my property its your tree

 

[Sid]

The BIG question is, did it make a noise if no one was there to hear it?

 

[milkloss]

If it's a pain in the 4rse then it's his tree.

 

[Tim G]

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.

 

[Campbell]

Similar issue with a big Ash tree fallen on our neighbours ground, happily he does not have a wood burner..... but too wet to get near it yet...

 

[jamj]

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.

 

[5020man]

Hi.
Ditch and hedge belong to the same person.
But! The ditch is on the neighbours side of the hedge.

5020 man

 

[Exfarmer]

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]

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!

 

[Tarw Coch]

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?

 

[Hfd Cattle]

If it's only a willow tree cut it up and burn it in the field ....it s crap firewood