A Guide to Overhanging Tree Branches
– Responsibility for Overhanging Tree Branches
– Discover Who Pays for Tree Pruning
– Learn Who’s Responsible for Branch Clearance
If you have tree branches overhanging into your garden or property, it can be tricky to know who’s responsible for sorting the issue out, especially if the tree owner is reluctant to do anything. Is it the tree owner’s responsibility because it’s their tree, or is it your because the branches are now in your property? However, there is clear guidance available to help you understand where you stand.
Responsibility for Overhanging Tree Branches
A tree belongs to whoever owns the land it’s on. However, in the case of tree branches encroaching and overhanging into your property, you are entitled to chop the branches back to the boundary line, whether it’s a physical or invisible boundary.
It’s considered good practice to notify your neighbour that you wish to cut back the overhanging tree branches; doing so will make them less likely to complain about you cutting back the tree.
If cutting back overhanging branches, you’re only allowed to do so from your side of the fence. So, for example, you can’t go into your neighbour’s garden to prune any part of the tree because it’s easier to get to from their side. This is unless you have permission from the tree and land owner.
Care must be taken when tree pruning, as there’s a possibility you may commit trespass or damage the tree. Trespass can be committed by cutting back the tree too much that it crosses over the boundary line. You can also be liable for damaging the tree if there are any lasting effects, even if you only cut the branches overhanging your property.
Who Pays for Tree Pruning?
If your tree requires the work of an experienced tree surgeon, then questions might arise as to who pays for the work done. As the tree owner is responsible for the tree, the responsibility ultimately lies with the tree owner to foot the bill. There may be a chance to split costs, and it’s always recommended that you speak to your neighbour before calling out a tree surgeon to cut back a tree that you don’t own.
Whilst it might be cheaper to do the work yourself, it is generally safer to use a tree surgeon to safely and efficiently remove any overhanging branches, especially if they require high access.
Tree surgeons will also be able to check whether a tree is under a tree preservation order, which protects certain trees and restricts the amount of work being carried out on them. This is also something to consider if you’re looking to cut down the branches yourself.
Who’s Responsible for Branch Clearance?
So now you’ve had the branches cut, what do you do with them? It’s likely that if your neighbour has let the branches overhang into your property, they won’t be too bothered if you remove them yourself.
However, technically they are still the tree owner’s property, but what you can’t do is fling the branches and fruit into their garden, as this could be classed as fly-tipping. The best approach is to speak to them about this at the same time you notify them of your wish to prune the branches.
If you employ a tree surgeon to trim your tree, they can take the branches away with them.
Tree Pruning with Tree Squadron
If you have a tree that requires trimming Cardiff, Newport and South Wales, we recommend that you use an experienced arborist like Tree Squadron. Along with tree pruning, we provide a wide range of tree services, including tree removal, stump removal and tree surveys. Call us today to discuss your requirements.