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Clare
Clare, Solicitor
Category: Property Law
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Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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About two weeks ago my neighbour informed me that he

Resolved Question:

About two weeks ago my neighbour informed me that he intended to remove from my tree some of the branches overhanging his property.Last Thursday morning I found a heap of branches (4m long x 1.5m wide x 1.5m high) on my side of the fence.Is he, am I or are we jointly, responsible for the disposal of (what I estimate to be) 3 cubic metres of garden waste ?FYI The discarded branches are from a deciduous tree, bear no fruit and are of no conceivable value to me as we do not have a wood-burning stove.
Submitted: 11 months ago.
Category: Property Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

I am afraid that your neighbour has acted correctly.

He is legally entitled to remove branches overhanging his property but should return "your property" (the branches) to you.

It is you I am afraid who have to dispose of them - although it would of course have been more neighbourly for him to have done it

Sorry to have to give you bad news please ask if you need further details

Customer: replied 11 months ago.
Thank you. Before I posted this question I did a quick google search on 'overhanging branches' and found a number of local authority web sites which appear to offer contrary advice.
For example :-
<https://www.wycombe.gov.uk/import/council-services/planning-and-buildings/trees-and-hedges/Problems-with-trees.aspx>-: who offer the following advice to a person in my neighbours position:-Trees do not respect ownership boundaries and so the will often overhang neighbouring properties. A tree owner has no duty to stop this from happening but in most instances neighbours can negotiate an acceptable solution. If you cannot come to agreement you can use your Common Law rights which allow you to prune. Notifying your neighbour of your intentions is always advisable. However, you must not cross the boundary to remove branches.Branches which you remove from a tree should be offered back to the tree owner but if they do not want them you should dispose of them responsibly. Do not dispose of the branches or any other waste material from the tree over your fence onto your neighbour's property.
Expert:  Clare replied 11 months ago.

This is based on the argument that you can report your neighbour for fly tipping since he did not ask you first.

This would still leave you responsible for disposing of the branches (they are yours) - but he might be fined for the offence

Clare, Solicitor
Category: Property Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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