Just wondered if anyone knew the law when it comes to a neighbours garden growing over onto your side? The neighbours behind me have trees and conifers that take over about 1/4 of my garden and overhang by at least 4-5metres.
I have a feeling there’s nothing I can do other than put up with it and continually clean up the debris that they drop onto my side.
Having a word is not an option as they have had run ins with most of my neighbours and are sadly not nice people. |
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Anything that over hangs into your garden you are lawfully allowed to trim back but you just bag up the cut off items and return them to the neighbour.i know that sounds mad but you could be at risk of prosecution if you dont return them. |
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By (user no longer on site)
over a year ago
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Law states u can trim anything that over hangs ur boundaries back to boundaries but must ask neighbour if wants his branches back . Years ago used to just throw back over but now can be done 4 fly tipping . So ask if wants back if don't cut back to ur wall or fence and ur doing nothing wrong |
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You can send them a letter asking them to sort it out otherwise you will be forced to employ someone to sort the issue for them and present them with the bill which by law they have to pay.
You need to give them a decent amount of time to comply and 3 weeks is a good amount of time.
Anything you do cut off has to be given back to them as it could amount to theft if you keep it but you have to take due care of how you place it back onto their property and you are allowed to cut back over their side too to give time for regrowth not spilling onto your side again.
There was a case where one neighbor gave notice and took their neighbors trees back to the stump and it was passed in court as extreme but within the law.
You are also allowed to enter your neighbors property to facilitate pruning back the trees within reason (approx 1m) and cause minimal damage and your neighbor cannot stop you if they have ignored your notice to sort their trees within the allotted time.
Hope this helps and good luck if your neighbors aren't helpful. |
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I've had this with my neighbours. The law is that you can cut in a vertical line at the boundary line so nothing overhangs into your garden, but you cannot do anything about the height. You do have to return the cuttings to your neighbours though. |
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Also if the roots or branches are doing any damage to your property, your neighbors are liable for this and will have to pay for any repairs but this is likely to end up in a court battle which you are likely to win of you give them notification of your issues and a time frame in which to sort it out.
Keep a copy of anything you send to them and if you post things to them, send it signed for as well. |
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Thanks so much guys, appreciate it. I’m not sure I can insist on them paying can I? Some of you seem to think I can.
The very simple bit of that it sound like I can cut them without telling them and offer them back to them? I can’t make them take them though I guess? |
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"Thanks so much guys, appreciate it. I’m not sure I can insist on them paying can I? Some of you seem to think I can.
The very simple bit of that it sound like I can cut them without telling them and offer them back to them? I can’t make them take them though I guess?"
They're legally obliged to dispose of them if they don't want them. Just put them over the fence. If they're unreasonable they may just throw them back into your garden...then it's up to you if you want to get into a dispute over it or just dispose of it yourself. |
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