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Old 27-01-2004, 01:34 AM
Plum
 
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Default 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


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Old 27-01-2004, 02:32 AM
Kae Verens
 
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Default 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
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Old 27-01-2004, 06:09 AM
Rodger Whitlock
 
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Default 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]
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Old 27-01-2004, 06:16 AM
Rodger Whitlock
 
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Default 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]
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Old 27-01-2004, 06:21 AM
Rodger Whitlock
 
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Default 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]


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Old 27-01-2004, 06:21 AM
Rodger Whitlock
 
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Default 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]
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Old 27-01-2004, 08:12 AM
PK
 
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Default 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


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Old 27-01-2004, 09:12 AM
sahara
 
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Default 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
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Old 27-01-2004, 09:32 AM
Kay Easton
 
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Default 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
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Old 27-01-2004, 11:34 AM
Franz Heymann
 
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Default 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




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Old 27-01-2004, 03:43 PM
Frogleg
 
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Default 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.
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Old 27-01-2004, 07:32 PM
Janet Baraclough ..
 
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Default 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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Old 27-01-2004, 07:37 PM
Janet Baraclough ..
 
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Default 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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Old 27-01-2004, 07:49 PM
Janet Baraclough ..
 
Posts: n/a
Default 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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