Large double-bowed sycamore in garden - Help

[Tursiops2]

Originally Posted by fairplay

(if he doesn't want it and neither do you, then he can dump it over your fence !)

Not legally, he can't. Technically, it counts as fly-tipping

@ppeaster; if you need to investigate the legal aspects more closely,I can recommend this site as a first port of call: Garden Law Discussion • Index page

T2

[fairplay]

Originally Posted by Tursiops2

Not legally, he can't. Technically, it counts as fly-tipping

@ppeaster; if you need to investigate the legal aspects more closely,I can recommend this site as a first port of call: Garden Law Discussion • Index page

T2

So is he supposed to hire a shredder and place the output nozzle through the letterbox or is he supposed to wrap it up in paper, open the garden gate and return your property that way ?

If it is your tree over hanging his land, he should ask you if you would like to do the job yourself - if you decline, he can go ahead and remove the branches, but if there is plenty of good firewood you see he has stacked up, you can insist he gives it to you as it is your property. Equally if the wood is just rubbish brashings, it is still your property and he must return it.

Just because you may not want it doesn't mean to say he should be lumbered with it.

Neil.

[Tursiops2]

I think we might have crossed wires here

Originally Posted by fairplay

If it is your tree over hanging his land, he should ask you if you would like to do the job yourself - if you decline, he can go ahead and remove the branches, but if there is plenty of good firewood you see he has stacked up, you can insist he gives it to you as it is your property.

Correct.

Originally Posted by fairplay

Equally if the wood is just rubbish brashings, it is still your property and he must return it.

Not correct. What he must do is offer the arisings back to the tree-owner. If the tree-owner doesn't want them, they then become the neighbour's property, and it's his responsibility to dispose of them.

Originally Posted by fairplay

Just because you may not want it doesn't mean to say he should be lumbered with it.

I think it does, in law. By cutting the branches from the tree, the neighbour has effectively laid claim to ownership of those branches; by declining to accept their return, the tree-owner has conceded the claim, and they are no longer the tree-owner's property, or responsibility.

That's my understanding of the law, anyway. I'm open to correction if I'm wrong.

T2

[ppeaster]

Had another quote, approx £400 cheaper, and getting the third on Thursday. No question that it's a big job, and the steep slope of the garden adds to the complexity, so I am not expecting it to be done for much less.

Regarding the issue of my neighbour cutting it back, it was done prior to us moving in and I believe he had consent from the previous owners of my property. I can understand why he had it done - whereas for me it's a big tree at the end of my garden, his house starts about 0.5m from the boundary and it directly overhangs his house.

Will be posting some photos soon although with the time of year I'm only seeing daylight at home at the weekend!

Really helpful comments by the way, glad I decided to look for advice here.
Paul

[Brocakat]

Originally Posted by ppeaster

.

One of the consequences of this is weight of the tree is now entirely on my side, and it is leaning over the slope and fairly close to my house.

Problems are - 1. I am concerned it may eventually come down which could damage my house. 2. It is blocking a lot of light 3. my neighbour advises it's awful for leaves, which from doing a bit of reading yesterday I gather is fairly normal for a sycamore.

I am interested in your thoughts regarding my options for dealing with this tree.

Paul

Hello Paul

1. Sorry but - lots of pictures would really help.
2. Elementary stuff:- Even though it's unloved - it could still have a "TPO"
served upon it by the Planning Dept. at your Council OR be in a Conservation Area - which affords it the same protection.

[Dorts]

Originally Posted by ppeaster

Had another quote, approx £400 cheaper, and getting the third on Thursday.
Really helpful comments by the way, glad I decided to look for advice here.
Paul

Glad to hear you got another quote Paul. £400 is well worth saving!
Dorts.

[Brocakat]

It might be worth negotiating with THAT neighbour - to remove the cut material via his garden - for a financial 'consideration' :- this should result in a cheaper price from your chosen Contractor & then you & your neighbour could split the difference.
A win-win all around , except for the contractor......