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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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There is very large 20m fir tree next door. It is 40% on our

Resolved Question:

There is very large 20m fir tree next door. It is 40% on our side in terms of the branches. The fir cones are large and have hit me several times. The last time cutting my head.
Before I speak to my neighbour, I would like to know my rights regarding cutting the branches. These are huge and would probably mean the tree surgeon ideally working from the fence line itself. Can the surgeon do thus or will he have to work solely on my side of the fence?
I don't think he will be difficult, but if he is, is he liable if I or one of my grandchildren is hurt by the cones and we can't cut the offending branches off.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

You have a common law right to cut back tree branches that overhang onto your property. It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so.

You are only entitled to cut the branches by being positioned on your land and only entitled to cut any branches from the point on the tree that overhangs the boundary line.

  • The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
  • Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back.
  • As regards ***** ***** pine cones, these would be termed "an Act of God" and hence your neighbour would not be held responsible, on the basis that he is unable to prevent such cones falling. Only if he had done a deliberate act to make these cones fall, would he be liable.

Hopefully your tree surgeon will be fully adverse in what he can and can not do with the branches, but hope this assists you along the way.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10227
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for prompt response. Please can you clarify if neighbour can choose what he has of cut branches. Is it all or nothing?
Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Thanks for your reply.

He should ask either for the return of all of them or none of them!

Kind Regards

AL

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