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Old 27-01-2004, 07:49 PM
Janet Baraclough ..
 
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Default Neighbour's tree encroaching

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from "Plum" contains these words:

Our garden and the surrounding area contains lots of lovely old trees which
are subject to protection orders. I've got council permission to trim back
some of the lower branches of a big old yew tree which is leaning from the
adjoining garden. Some of the branches come six feet or so over into our
garden. The owner of the tree has also agreed to the branches being trimmed,
but has said nothing about contributing to the cost. Should I just pay up
and shut up, or should the owner contribute?


The most important thing is to keep friendly relations with
neighbours. You're ahead of the game in that you have pleasantly asked
for his agreement and he has pleasantly given it (even though you were
legally entitled to trim the overhang without his consent). The benefit
will be yours so I certainly wouldn't expect him to pay the full cost or
even half of it. It would be nice if he volunteered some minor
contribution as a token of good will, and perhaps there's a way you can
very tactfully give him that opportunity.

Get your contractor to give you a two-part quotation for trimming and
removal of the rubbish. Then give the neighbour notice of when the work
will start on his tree (they may require access on his side), and say "
Legally I'm supposed to offer the cut branches back to you..but if you
don't want them, I can pay the contractor to take them away". I'd go no
further than that; and leave it in his hands. If you're lucky, by the
time the work gets done he might have decided to contribute towards the
disposal cost.

Or if one of your gardens is big enough, he might just say "Tell the
contractor to leave it, and I'll give you a hand with the bonfire" :-)

Janet.