2 Jul 2012
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United Kingdom
I'll keep this as simple as I can. My neighbours conifer trees are encroaching into my garden by as much as 7 feet. They were planted only a foot on the other side of the fence and are now about 25 feet tall. Because my garden is lower than my neighbours, I cannot reach the overhanging branches to chop them off. The conifer tree trunks are actually leaning towards my garden. My question is, if I ask a tree surgeon to cut the overhang off, can he chop off the branch at the tree trunk? It would mean encroaching over the neighbours fence by about a foot. Some of the branches are really thick.
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You can only cut off what is overhanging your boundary you can’t touch anything within his boundary unless he gives you permission. You have to give him back the branches you cut off or, technically, you will be committing a theft. Rather than just lobbing them over the fence into his garden, I would suggest you ask him if he wants them back or for you to dispose of them.
Thanks for your response. Yeh, I know about them rules.The overhang is so big, the thick branches actually come over the fence as well. If the tree surgeon cuts off the foliage at the boundary fence, all I will see are thick brown stumps. Hence asking the question about cutting off at the tree trunk. There is hardly any grown inside the conifers and very little on my neighbours side. The conifers will look appalling once foliage has been cut back. Well at least my garden will have more sunlight. Just one final question about the maximum hieght of stand alone conifers.Thanks once again.
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Just one final question about the maximum hieght of stand alone conifers.
Are you asking weather or not there is a maximum permitted height for trees? If so then no there isn’t. High Hedges legislation was introduced in the Anti Social Behaviour Act 2003 but I believe this only applies if there are 2 or more evergreen or semi evergreen trees or shrubs which are over 2 metres in height.

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