The message
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.

Plum27/1/04 12:34
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?


I don't think you can really ask him to contribute. It's not bothering him,
is it? You've asked nicely, he's answered nicely, giving you permission to
perform radical surgery on his possession, so I'd say that's square. Sounds
to me as if both of you have got off to a very good start as neighbours.

Be aware, though, that yew grows back. It will take a while, of course, but
at some stage in the future, you will have to do the same thing again. So,
while you're all on good terms (you, neighbour, council) I would suggest you
clear it with all concerned that you can keep the tree trimmed to where it
ends up after surgery.

--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the 'xzy' to email me)

Plum27/1/04 12:34
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?


I don't think you can really ask him to contribute. It's not bothering him,
is it? You've asked nicely, he's answered nicely, giving you permission to
perform radical surgery on his possession, so I'd say that's square. Sounds
to me as if both of you have got off to a very good start as neighbours.

Be aware, though, that yew grows back. It will take a while, of course, but
at some stage in the future, you will have to do the same thing again. So,
while you're all on good terms (you, neighbour, council) I would suggest you
clear it with all concerned that you can keep the tree trimmed to where it
ends up after surgery.

--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the 'xzy' to email me)

The message
from Frogleg contains these words:

Tell me about protection orders. Something like being designated a
historical site?

Tree Protection Orders. They may be made to preserve a tree or trees
which are considered (often by some idiot, and often, not) to have
amenity value of some sort.

In the US, and elsewere as far as I've been able to determine from
these discussions, anything overhanging one's property 'belongs' to
that property. However, since it's *you* who wants it cut, I don't see
why *he* should pay. Ex-(fortunately) neighbors sheared a pretty
dogwood tree precisely along the property line, which was presumably
their right. Had they asked for me to *pay* for this, I'd've...done
something outrageous.

In the UK, it depends to whom the tree belongs: own the trunk, own all
the branches, leaves etc. Problems arise if the tree is actually growing
on the boundary.....

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/

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?


Thanks to all who've volunteered an opinion.

Plum

On Tue, 27 Jan 2004 18:39:52 GMT, Jaques d'Alltrades
wrote:

from Frogleg contains these words:


In the US, and elsewere as far as I've been able to determine from
these discussions, anything overhanging one's property 'belongs' to
that property.

In the UK, it depends to whom the tree belongs: own the trunk, own all
the branches, leaves etc. Problems arise if the tree is actually growing
on the boundary.....

The history of tree disputes could surely make a good doctoral thesis.
One wonders why anyone has them at all. :-) One person's shady oak is
another's source of nuisance leaves and acorns.

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?


Thanks to all who've volunteered an opinion.

Plum

On Tue, 27 Jan 2004 18:39:52 GMT, Jaques d'Alltrades
wrote:

from Frogleg contains these words:


In the US, and elsewere as far as I've been able to determine from
these discussions, anything overhanging one's property 'belongs' to
that property.

In the UK, it depends to whom the tree belongs: own the trunk, own all
the branches, leaves etc. Problems arise if the tree is actually growing
on the boundary.....

The history of tree disputes could surely make a good doctoral thesis.
One wonders why anyone has them at all. :-) One person's shady oak is
another's source of nuisance leaves and acorns.

"Frogleg" wrote in message
...
On Tue, 27 Jan 2004 18:39:52 GMT, Jaques d'Alltrades
wrote:

from Frogleg contains these words:


In the US, and elsewere as far as I've been able to determine from
these discussions, anything overhanging one's property 'belongs' to
that property.

In the UK, it depends to whom the tree belongs: own the trunk, own all
the branches, leaves etc. Problems arise if the tree is actually growing
on the boundary.....

The history of tree disputes could surely make a good doctoral thesis.
One wonders why anyone has them at all. :-) One person's shady oak is
another's source of nuisance leaves and acorns.

The one with the biggest nuisance value is surely the ash. The one just on
the other side of my boundary maliciously sheds its seeds slowly and
continuously all through the winter. Each summer I have to deal with
hundreds of ash seedlings.

Franz

"Frogleg" wrote in message
...
On Tue, 27 Jan 2004 18:39:52 GMT, Jaques d'Alltrades
wrote:

from Frogleg contains these words:


In the US, and elsewere as far as I've been able to determine from
these discussions, anything overhanging one's property 'belongs' to
that property.

In the UK, it depends to whom the tree belongs: own the trunk, own all
the branches, leaves etc. Problems arise if the tree is actually growing
on the boundary.....

The history of tree disputes could surely make a good doctoral thesis.
One wonders why anyone has them at all. :-) One person's shady oak is
another's source of nuisance leaves and acorns.

The one with the biggest nuisance value is surely the ash. The one just on
the other side of my boundary maliciously sheds its seeds slowly and
continuously all through the winter. Each summer I have to deal with
hundreds of ash seedlings.

Franz

The message
from Frogleg contains these words:

The history of tree disputes could surely make a good doctoral thesis.
One wonders why anyone has them at all. :-) One person's shady oak is
another's source of nuisance leaves and acorns.

Hmmmmm. That's not a bad idea......

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/

The message
from Frogleg contains these words:

The history of tree disputes could surely make a good doctoral thesis.
One wonders why anyone has them at all. :-) One person's shady oak is
another's source of nuisance leaves and acorns.

Hmmmmm. That's not a bad idea......

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/

The message
from Frogleg contains these words:


The history of tree disputes could surely make a good doctoral thesis.
One wonders why anyone has them at all. :-)

Historically trees were markers of land ownership, social and economic
power and religious belief....see Oliver Rackham's books for relevant
research.

Janet

On Tue, 27 Jan 2004 21:09:29 +0000 (UTC), Franz Heymann wrote:

"Frogleg" wrote in message
...

The history of tree disputes could surely make a good doctoral thesis.
One wonders why anyone has them at all. :-) One person's shady oak is
another's source of nuisance leaves and acorns.

The one with the biggest nuisance value is surely the ash. The one just on
the other side of my boundary maliciously sheds its seeds slowly and
continuously all through the winter. Each summer I have to deal with
hundreds of ash seedlings.

And the worst part is that it is doing so specifically to annoy
*you*. No other ash tree does this kind of thing, only the one
that's been designated your personal tormentor. It is a truly
evil tree, spending hours, days, weeks thinking, where can I drop
my leaves and seeds to most annoy Franz?

Can I interest you in an aluminum foil hat to stop the
brain-control waves sent out by Whitehall and Brussels?















[is joke]


--
Rodger Whitlock
Victoria, British Columbia, Canada
[change "atlantic" to "pacific" and
"invalid" to "net" to reply by email]

On Tue, 27 Jan 2004 21:09:29 +0000 (UTC), Franz Heymann wrote:

The one with the biggest nuisance value is surely the ash. The one
just on the other side of my boundary maliciously sheds its seeds
slowly and continuously all through the winter. Each summer I have
to deal with hundreds of ash seedlings.



Tell me about it!

Also.... around 8 years ago I put down a play area (bark over fabric) on
what had been a well cultivated vegetable garden.

Kids are older, this winter's project is to convert the area to lawns &
fruit on the fence.

Dug the area last week - immedately under the textile was a mass of ash
roots from a tree afound 15/20m away. A little deeper (through soil that had
been veg plot) were ash roots up to an inch thick.

The seedlings are real buggers. look away for a minute and they are 3 feet
tall among the herbaceous plants and shrubs. Cut then off instead of
grubbing out and they take it as a chllenge worth responding to and grow
back with trebled vigour.

pk