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Who is Responsible for Trees?

Posted: Thu Aug 01, 2019 9:47 am
by Sean2012
Hi all,

My neighbour has quite a large tree whose braches spread out over my garden, is it true that i am responsible for trimming down the braches that are over my garden.

I have read somewhere that if it is a fruit tree, the fruits that fall into or are on the branches that are in my garden still belong to the owner of the tree, and can ask for them back. But if trimming is required, that is the the responsibility of the person whose garden the branches spread into and not the owners.

Seems a bit of an odd law if its true.

Who is Responsible for Trees?

Posted: Thu Aug 01, 2019 10:24 am
by ayjay
If tree branches overhang your garden, you're allowed to trim them off at the boundary line, (unless there's a TPO extant).

In UK law, those trimmings do still belong to the owner of the tree and they should be returned if the neighbour wants them, don't just chuck them back over the fence, that's considered to be fly-tipping.

Legally, windfall fruit, and fruit on branches overhanging your garden also belongs to the owner of the tree.

It's always best to discuss such stuff with your neighbour and come to an amicable arrangement.

Who is Responsible for Trees?

Posted: Thu Aug 01, 2019 1:20 pm
by Rorschach
Ayjay has it covered.

Good info here too:

http://www.problemneighbours.co.uk/prob ... guide.html