Dead Tree in Neighbours Garden-Responsibility?

[Harden Long]

Hi

Our next door neighbour has a large (50 foot ) dead larch tree on their side of the hedge. There is a lot of dead branches.

The area in our garden that it "overlooks" (ie pretty much abuts) is where our kids play and I'm worried about branches falling on them-not to mention that the tree itself may one day topple over in a large gale.

Plus it is very unsightly


We have had three tree surgeons comment on it when we were getting some quotes for work on our trees so last night we chatted to the neighbours. They cannot see the problem and are content to leave it despite me saying that one of our tree surgeons would fell it and remove it for fifty quid

Fifty quid! Its peanuts if you ask me-I'd pay it myself for the peace of mind altho' why should I?

What is the next step I should be taking if any? Do I have any "rights" to "force" him to have it felled?

Thanks

 

[Diyisfun]

Might be worth having a chat with your local council, maybe in writing so you have documented evidence, should it fall. I know it wont be much consolation if it falls on a person though.

 

[breezer]

I dont think you have any rights to force him to do anything. BUT if any of it is on your side you have the legal right to chop it off PROVIDING you give back what you chopped off (in other words throw it in their garden.

I am being serious, i think it comes from fruit tress, its in your way but the fruit is not yours so you have to give it back

 

[lx200gps]

I also think £50 for cutting down and removing is excellent value. I also think you have been reasonable and had the good sense to discuss with your neighbour. However, it doesn’t belong to you and, as such, your rights are limited.. You might think it looks ugly but owners may disagree. If you are concerned about the safety aspect with your children then I’d suggest you take Breezer’s advice and cut off any branches overhanging your fence. He is correct when he states that you should return these branches as they do not belong to you. Some people would consider such action a bit of a cheek. What I would do is go back to your neighbour and say that, because you are worried about falling branches, you are going to prune all those overhanging and that you have been told that you must return these to their owner to keep within the law. That might change their minds as it will mean they will have to dispose of a lot of waste themselves. You might also point out that when you cut these branches off, the tree will look a bit lopsided as it will be vertical on one side. You never know, it might work.

 

[joe-90]

If you contact the Council and inform them of a health and safety issue, then I doubt they can ignore it. After all, they can even make you cut down weeds in your garden. Sooner or later that tree WILL fall.