Tree Branches overlapping the boundary

[piccadilly]

I wonder if I could just check whether my understanding of the law is correct.

I own a hedge that is clearly planted on my land, but some of the branches of the hedge overlap onto my neighbour's land. I presume I am allowed to cut any branches at the boundary, even if my neighbour doesn't want them to be cut?

I am following the advice of a tree surgeon, who has recommended the hedge should be to trimmed to protect the health of the hedge.

I assume that the branches would have to be cut from my side, and naturally disposed of by me , if my neighbour refuses to give me access to carry out the job on his side?

Although there is a small risk that a couple of the branches may fall on his side, that I would have to have access to remove.

This may not be an issue, but I thought I'd just better check the law before I start the discussions.

Kind Regards,

[wales01man]

Not the law but question are you on friendly terms with the neighbour?

[piccadilly]

Thank you - yes friendly but I have a feeling they may want some of the branches to remain.

The tree surgeon thinks the hedge needs some of weight removing, to increase longevity and improve its health

[wales01man]

Ask them tell them the opinion of the tree surgeon to start

[efpom]

I think the best way to approach this knotty problem, is to examine what would be the situation if the neighbour decided to lop off the branches back to the boundary. The answer is that he would be entitled to do that. But he would then be required by law to offer those branches back to you because those branches remain your property. If you choose not to accept their return, he would then be entitled to dispose of them himself and bill you for the cost of doing so.

Here, you intend to do the lopping off, without entering the neighbour’'s property to do so. If, during the lopping off works, the branches fall on his property, you would be entitled to request the neighbour to allow access to his property, so as to collect the branches lying on his property. If that request is denied, in my view, the neighbour would not be entitled to dispose of the branches himself and bill you for the cost of doing so.

There is another matter which for the sake of completeness I will mention. If it turns out that it becomes necessary to enter the neighbour's property in order to carry out the works of lopping back to the boundary, and he refuses to give you permission to do so it would be open to you to apply to the court for an order requiring him to give you access-Access to Neighbouring Land Act 1992 https://www.legislation.gov.uk/ukpga/1992/23/contents

Practically, if I was in your shoes would be advising the neighbour of the intended works and seeking his permission to enter his land to do any lopping works which become necessary from his side of the boundary, including retrieving the lopped branches. As part of that request you would, of course, promise as little disruption as possible and also promise that you would repair any damage you cause to his land.

[PallasAthena]

It might be helpful in negotiating with your neighbour if we understood why the neighbour.objects to you trimming the hedge on his side.

[piccadilly]

Thanks for the replies - my neighbour I am sure will want the branches to remain.

The hedge,is about 70 years old,and needs some weight taking from the main trunks so we can extend its life.

This is the advice of the tree surgeon - my neighbour won’t agree with this.

i just want to know my legal position I.e. do I have the right to “overule” him if the hedge is growing on my land?

[efpom]

I'm beginning to get the impression that you are not entirely certain that the hedge is entirely on your land.

[PallasAthena]

But why does your neighbour want the branches to remain? Has he explained his objection?

You say he disagrees.with your tree surgeon. Has he seen your report? Suggest he gets his own tree surgeons report, maybe even offer to contribute 50 % of the cost perhaps?

[piccadilly]

Thank You - the hedge iis definitely growing on my land, and this has been confirmed by a boundary surveyor and my solicitor.

The neighbour acknowledges it is my land - he has now seen the tree surgeons report, and doesn’t agree with the findings, so as you suggested he is going to get his commission his own report.

If we cannot agree, the hedge is on my land and surely I will have the final say.

[efpom]

It's your hedge.
Your neighbour has no say in how you deal with your property.

[piccadilly]

Thank you.

I don’t want to upset the neighbour - but the pressure needs taking off the main trunks to extend the life of the hedge.

Regards,