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#1
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Neighbour's tree encroaching
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? Plum |
#2
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Neighbour's tree encroaching
Plum wrote:
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'm new here, so feel free to ignore, but if my neighbour asked me if I minded him cutting a bit off my tree, I would take offence at him then coming around to me with an invoice. Kae |
#3
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Neighbour's tree encroaching
On Tue, 27 Jan 2004 00:34:01 -0000, Plum wrote:
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? Be grateful that your neighbor is being so cooperative. Pay the cost yourself and let it go at that. -- Rodger Whitlock Victoria, British Columbia, Canada [change "atlantic" to "pacific" and "invalid" to "net" to reply by email] |
#4
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Neighbour's tree encroaching
On Tue, 27 Jan 2004 00:34:01 -0000, Plum wrote:
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? Be grateful that your neighbor is being so cooperative. Pay the cost yourself and let it go at that. -- Rodger Whitlock Victoria, British Columbia, Canada [change "atlantic" to "pacific" and "invalid" to "net" to reply by email] |
#5
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Neighbour's tree encroaching
On Tue, 27 Jan 2004 00:34:01 -0000, Plum wrote:
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? Be grateful that your neighbor is being so cooperative. Pay the cost yourself and let it go at that. -- Rodger Whitlock Victoria, British Columbia, Canada [change "atlantic" to "pacific" and "invalid" to "net" to reply by email] |
#6
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Neighbour's tree encroaching
On Tue, 27 Jan 2004 00:34:01 -0000, Plum wrote:
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? Be grateful that your neighbor is being so cooperative. Pay the cost yourself and let it go at that. -- Rodger Whitlock Victoria, British Columbia, Canada [change "atlantic" to "pacific" and "invalid" to "net" to reply by email] |
#7
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Neighbour's tree encroaching
"Plum" wrote in message ... 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? Pay up and shut up! He is obliged to do nothing unless there is damage being caused to buildings etc. I've asked my neighbour to crown lift and thin a 35 foot walnut and cut back a once neatly trimmed holly. He sees the benefit to him as well as me and we are splitting the cost (£270) 50:50. In truth the neighbour has no say and no rights if you want to cut back the overhanging branches. You have done more than you are obliged to do. pk |
#8
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Neighbour's tree encroaching
Kae Verens wrote in message ...
Should I just pay up and shut up, or should the owner contribute? I'm new here, so feel free to ignore, but if my neighbour asked me if I minded him cutting a bit off my tree, I would take offence at him then coming around to me with an invoice. Kae I am also new here and brand new to gardening but i am under the impression that you are responsible for your plants and making sure they dont impinge on anyone elses pleasure. Sounds like these trees need a bit of a trim to keep them from falling over in the next bit of wind anyway. sarah |
#9
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Neighbour's tree encroaching
In article , sahara
writes Kae Verens wrote in message news:z1kRb.318$rb.461 ... Should I just pay up and shut up, or should the owner contribute? I'm new here, so feel free to ignore, but if my neighbour asked me if I minded him cutting a bit off my tree, I would take offence at him then coming around to me with an invoice. Kae I am also new here and brand new to gardening but i am under the impression that you are responsible for your plants and making sure they dont impinge on anyone elses pleasure. No, not legally. They are entitled to trim overhanging branches, which they must offer back to you since they are your property, but you don't have a legal responsibility to keep your trees within your boundary. What you do to enhance neighbourly relations is another matter. -- Kay Easton Edward's earthworm page: http://www.scarboro.demon.co.uk/edward/index.htm |
#10
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Neighbour's tree encroaching
"Plum" wrote in message ... 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? It depends entirely on whether you want to remain on friendly terms with yourneighbour. Franz |
#12
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Neighbour's tree encroaching
On Tue, 27 Jan 2004 00:34:01 -0000, "Plum"
wrote: 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? Tell me about protection orders. Something like being designated a historical site? 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. |
#13
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Neighbour's tree encroaching
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. |
#14
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Neighbour's tree encroaching
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. |
#15
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Neighbour's tree encroaching
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. |
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