overhanging neighbours trees

[dubs]

hello

whats the correct etiquette when dealing with a neighbours overhanging trees.
Last year the plowing contractor complained about trees round the boundary of a field that boarders a large private residence.
Asked the new owner about cutting some branches and rotten tress cut down but was told to leave them alone for just now. Looking to get this park ploughed this week.
Can i just go and cut the overhang and lob it back in his garden or have i to dispose of the cuttings.
Ideal if i can just lob them in his garden as the guy is a cantankerous old fart that loves to be called captain, even though he's not. Twice I've been reprimanded about not calling him captain !

Were talking a lot of overhanging trees, 2 men and one day to sort this one field out.
Need to do this tomorrow

 

[deleted user 837354]

Go and see the owner and tell them you are cutting back the trees because they are overhanging. I don't believe you can legally dump them on his land though. Offer it back by all means but he won't want it.

Tell him he may want to get a professional tree surgeon to tidy the trees afterwards (at his expense) as you aren't trained in tree surgery and may leave the trees lop-sided...

People feigning military service or their rank are generally treated with utter disdain by veterans the world over.

 

[Exfarmer]

The law may well be different in Scotland, but in England And Wales you have every right to trim your neighbours trees to the boundary. The trimmings must be offered back to the neighbour.
the only thing in England and Wales is to check their is no TPO on them as you may need s licence to do any work on them

 

[Goweresque]

You have every right to cut overhanging branches/vegetation back to your boundary line, no further though so take care not to overstep the mark and give a tw @t the opportunity to take any legal action for 'damaging his property'. As above you must offer the material cut back to the owner, they don't have to accept it though, and you may have to dispose of it yourself.

A brief explanation of the legal situation here:

Removal of branches overhanging your garden - claims.co.uk ™

If you do intend to remove overhanging branches you should, however, bear in mind the following matters: The possibility that you may commit a trespass If you remove branches beyond the boundary line without your neighbour’s permission then you will commit a trespass and a claim for trespass...

www.inbrief.co.uk

 

[caveman]

Bear in mind, that there may well be a substantial root system extending as far underground as the canopy above, that may well lead to a futile and expensive exercise to try to establish a crop in a few extra feet of nutrient depleted land anyways.

 

[tinsheet]

Call him Captain on the pretence he calls you Sir, .



Apologies probably won't help the situation

 

[Henarar]

The law may well be different in Scotland, but in England And Wales you have every right to trim your neighbours trees to the boundary. The trimmings must be offered back to the neighbour.
the only thing in England and Wales is to check their is no TPO on them as you may need s licence to do any work on them

how would you check for TPO ? who would you ask

 

[Danllan]

He sounds like a total nob, ask him which branch of the services he was in or when and where he got his Captain's ticket for the Merchant Marine.

Other than that, you need Scottish advice on your rights, but @caveman is probably right about the benefits.

 

[john432]

Just get on with it, and call him Boyo. But take plenty of photographic evidence.

 

[brigadoon]

Been there and done that - first off get some photos of the trees as they are, show how they cause an issue by putting a tractor or whatever in the frame and showing how it cannot progess without knocking something off.

If the neighbour is likely to challenge you have a witness with you - preferably someone disinterested i.e. not involved and not a relative or employee.

Talk to the guy (with a witness as above) and tell him what you need to do and why - don't argue with him and you are not asking permission - you are telling him what you plan to do to alleviate the nuisance he is causing you

Do it

If he goes daft then call the cops in - they will not get involved in the rights and wrongs of cutting trees but will prevent any nonsense by either party.

You can only cut what is projecting on to your property and you can only cut it from your property is my understanding - you cannot go into his garden to cut it without his permission.

It can get expensive mind you so if he is real bent out of shape about it you might consider a site meeting with your solicitor (and his if he is so minded) before firing the chainsaw up.

 

[dubs]

went to see captain after dinner, told under no circumstances was i to cut any of his trees.
So looks like tomorrow will be fun

 

[Bogweevil]

how would you check for TPO ? who would you ask

Council offices, and make sure the trees are not in conservation area while you are at it.

As everyone knows the correct way to deal with overhanging trees is to light a bonfire beneath the boughs, pallets, old fence posts, you know the stuff. At this time of year trees go up like a torch depositing loads of valuable potash on your fields.

 

[egbert]

how would you check for TPO ? who would you ask

pretty sure local authority would have a live map online....can't belivee you'd have to go to county Hall - or wherever- nowadays.

 

[lloyd]

Perhaps he meant caporegime and just said captain for easy understanding.
If it is the former you mind end up tree fodder

 

[deleted user 837354]

Just make sure there are a good gang of you about initially in case any nonsense ensues. Who is going to argue with 5 blokes with saws, a 360 slew and a big bonfire?

 

[milkloss]

Might you be the wrong side of BPS rules as well: No cutting until September

 

[deleted user 837354]

http://www.farmingadviceservice.org.uk/events/assets/Uploads/Technical-articles/Tree-cutting-rulesfinal-v1-2.pdf

How do you apply for a derogation? You can apply for a derogation under the following circumstances, but must not act until you have received a response to your request:  To enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production  To cut or trim a tree in a hedgerow during the month of August for the purposes of sowing oil seed rape or temporary grassland during the same August

To be fair, the trees in question are from someone else's property which is not agricultural land so none of it applies. They can hardly bash your BPS with a deduction for maintaining trees overhanging your boundary?

 

[milkloss]

To be fair, the trees in question are from someone else's property which is not agricultural land so none of it applies. They can hardly bash your BPS with a deduction for maintaining trees overhanging your boundary?

That's sounds sensible and I agree with the sentiments but seeing as this is going to cause some issues it may be best to be sure.

 

[Sid]

went to see captain after dinner, told under no circumstances was i to cut any of his trees.
So looks like tomorrow will be fun

Can you do a live stream in zoom or teams?

Could even maybe charge a fee to watch?

 

[deleted user 837354]

What the OP hasn't said is that some of the overhanging boughs are quite large and he has a massive firewood processor which he will use on site to process, bag up and sell to passers by. This will be funding the tree work itself.