Who does the tree belong to ?

[Exfarmer]

There is one other point before anyone touches the tree, make sure there is not a TPO on it, otherwise costs may grow rapidly.

 

[Dry Rot]

Legal advice will be required to answer the question of who owns the tree. Be ready to pay for checking the various registered titles and maybe digging back into the pre registration deeds and documents. A site view is usually worth a thousand words to make sense of what has been found In the paperwork and how it applies to what is on the ground. Interpretation is the skill.
A budget for the above : say £1000.
Then there are the practical issues of how to remove the offending tree as helpfully discussed above, which may lead on to other issues.
There is obviously a negotiation on the horizon but one best undertaken after you know where you stand legally. We once had a tree rubbing on a neighbouring house when it was windy. The male householder complained, he wanted the tree to be removed. We felled the tree. The female householder complained we felled the tree.

Now there's a funny thing. There was me thinking this one is something that needs to be sorted out over a wee dram or it is going to get expensive, then my eyes strayed over to the left! Cynic? Moi? Never!

I read of a similar case many years ago where a stream had moved during a flood and the march fence was now partly on one side and partly on the other. The march was the centre of the stream on the title deeds of both parties. The owners just shared the costs and each fenced their own side. One of the owners had been a barrister in a previous life and obviously knew the score. Some you win, some you lose.

 

[br jones]

There is one other point before anyone touches the tree, make sure there is not a TPO on it, otherwise costs may grow rapidly.

If a tree is in a dangerous condition or causeing damage to neighbouring properties it may be felled under license

 

[Exfarmer]

Now there's a funny thing. There was me thinking this one is something that needs to be sorted out over a wee dram or it is going to get expensive, then my eyes strayed over to the left! Cynic? Moi? Never!

I read of a similar case many years ago where a stream had moved during a flood and the march fence was now partly on one side and partly on the other. The march was the centre of the stream on the title deeds of both parties. The owners just shared the costs and each fenced their own side. One of the owners had been a barrister in a previous life and obviously knew the score. Some you win, some you lose.

completely different law in Scotland on boundaries.

 

[Exfarmer]

If a tree is in a dangerous condition or causeing damage to neighbouring properties it may be felled under license

Certainly and my, neighbour has just had a large Ash removed that was overhanging his house, that was taken down by a tree surgeon as there was nowhere to drop it. 3 men two days not sure what it cost. However I know someone would have been very happy to have removed it for nothing, if he could have pulled it over safely. As it was my neighbour still had to get in a stump grinder which cost another arm and leg

 

[Lazy Sod]

Other than the complexities of a TPO, there is nothing to stop the householder from cutting any overhanging branches back to the boundary line. In the case of the uncertainty over the position of the boundary, just leave a little bit overhanging.

 

[Exfarmer]

Other than the complexities of a TPO, there is nothing to stop the householder from cutting any overhanging branches back to the boundary line. In the case of the uncertainty over the position of the boundary, just leave a little bit overhanging.

Thats not the advice I have been given, where amy pruning of a TOO has to have prior approval.
I was given to believe for all normal pruning operations in a a domestic setting this is not an issue provided pruning is not likely to kill the tree.
i have a Neighbours large ash at the bottom of my garden which I would love to knock back , luckily I think nature is doing it for me