Should I request permission?

[sagittonius]

Hello all,
... my first post here.


I have a multi-year ongoing issue with a neighbour, regarding a (now) much overgrown and overhanging tree.

The neighbour has never responded to my knocking at his door, or replied to any letters; other than a single reply from his solicitor which bluntly meant "do not trespass on my client's land". [Due to the angle-of-growth of the tree, there is no need to venture further than the boundary fence.]

Although I know I can trim what's overhanging, I would prefer to have it cut further back (lower), so as to improve the aesthetics of the trunks and branches of the remainder of the tree. However, this would entail cutting beyond the boundary (but without entry at ground level to his property - just from my side, and the tree itself).

As I have not received any response from him previously, my question is would it be a viable proposition for me to instead of asking his permission, which I expect to never have a response to; just write to him advising that it's going ahead unless he notifies me in writing within 28 days that it can't.?

Then, with no reply within the timescale - it will be cut where I want it; or with a negative reply - it will be cut on my side, as per the law.


Any and all advice and comments would be much appreciated.

[echat11]

Hi Sagittonius:

Here's some info:

https://www.gov.uk/how-to-resolve-ne...and-boundaries

[des8]

Cut beyond the boundary and with a neighbour like that you will be in court fighting a claim to replace that tree plus damages.

[paulajayne]

Boundary only and give the cutting to them,

[sagittonius]

Thanks for the replies, but maybe I should have been more specific with the question.

Instead of asking the neighbours permission to cut the tree where I want it trimmed back to (further than the boundary), which would undoubtedly go ignored, I turn the option around.


I send him a letter stating that the tree WILL be cut where I want it cut, unless he says no. This then puts the onus on him to respond.

Is the above comment a legally acceptable procedure?

[des8]

No, as he is under no obligation to respond to you, and his silence cannot be construed as agreement

[sagittonius]

DES8 - thank you.

Neighbour's eh!
Who'd have 'em?

[sagittonius]

I have had a further thought about the reply from DES8.

If the neighbour's "silence cannot be construed as agreement", then what would be the position if I told him "" I'm cutting the trees to the boundary - do you want the cuttings back "", and then no response (say) after three weeks notice, the trees got cut, the cuttings shredded/mulched and disposed of - but actually, he DID want them back; but denied seeing my recorded delivery/ signed for letter.

Surely there must be some presumption of the document being delivered and accepted by the signatory (being the sole resident at the delivered address), and with the onus on that person to respond in an 'appropriate' timescale.

It cannot be right that no response equals yes OR no response equals no.


Any further suggestions on this, please.

[echat11]

I have had a further thought about the reply from DES8.

If the neighbour's "silence cannot be construed as agreement", then what would be the position if I told him "" I'm cutting the trees to the boundary - do you want the cuttings back "", and then no response (say) after three weeks notice, the trees got cut, the cuttings shredded/mulched and disposed of - but actually, he DID want them back; but denied seeing my recorded delivery/ signed for letter.

Surely there must be some presumption of the document being delivered and accepted by the signatory (being the sole resident at the delivered address), and with the onus on that person to respond in an 'appropriate' timescale.

It cannot be right that no response equals yes OR no response equals no.


Any further suggestions on this, please.

If he's already sent a solicitors letter, which no doubt has a cost fee, it might be an idea to leave well alone. Wait until the 'festive season' buy him a bottle of his favorite tipple or something else he maybe grateful for, see if that helps to break the ice. There is plenty that can go wrong with your current strategy.

https://www.inbrief.co.uk/neighbour-...ging-branches/

[des8]

First up don't send letters "signed for".
Delivery of such a letter can be refused.
Send letters first class and obtain a free certificate of posting from PO. They are deemed delivered.

You offer the cuttings to your neighbour as they are his. You can't just throw them over the fence as that would be fly tipping and a criminal offence.
If he doesn't positively accept them you may dispose of them, so you say "please advise by dd/mm if you require me to give you the cuttings"

That is not the same situation you describe in post 1 where you are requesting permission to do something.