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Old 05-04-2003, 11:56 AM
Kay Easton
 
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Default law on boundaries ?

In article , bigjon
writes
Our rear garden backs onto the one opposite. We had a lovely young ( 12ft )
Snake Bark Maple in the centre of the back border. Our wonderful neighbour
took it upon himself to trim all the growth over all his fences, including
the leading shoot of our tree, which was slightly leaning over his fence (
about 10 degrees, and not casting any shadow, over his 12 x 6 shed roof ).
This has reduced the tree to an upright trunk of about 6 feet and a top
branch of about 6 ft that leans dramatically back into our garden at about
45 degrees. My questions - was he legally allowed to basically destroy a
healthy tree in this way, as it did not cause any real problem to him,


He's allowed to trim any growth that comes over his boundary (strictly,
he is also obliged to offer to return the clippings to you). AFAIK, he's
not allowed to intentionally kill your tree, but he hasn't done that.

Strict adherence to the law isn't the best basis for neighbourly
relations - if he'd come and talked to you first, then you'd have had a
chance to train the tree back the other way into your garden - but then,
that's easy to say - I have lovely neighbours.

--
Kay Easton

Edward's earthworm page:
http://www.scarboro.demon.co.uk/edward/index.htm


 
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