Tree advice

Can anyone recommend a qualified tree surgeon. We are in dispute with our neighbour at the moment about who should be doing what with an apple tree. It's partly on our side and partly on hers, although the waters have been muddied by her fencing it off and 'giving up' a slither of her back garden.

 

look at the land registry.That will define your boundaries and who's tree it is, and thus who's responsibility too. But I am almost sure that if plants hang over your boundary then you have the right to trim them back. Citizens advice might be helpful here.

 

Salter Tree Services 01226 384854 are who we use. Very down to earth and they have a good relationship with BMBC's tree officer. Don't think they'll get involved in a legal dispute though.

 

Don’t think you can even when it over hangs

 

https://www.rhs.org.uk/advice/profile?PID=1022

 

It used to be that you could cutoff anything overhanging your property but the bits you cut off remainthe property of the tree owner and had to be returned.
The neighbour of a relative of mine engaged a tree surgeon to trim back some trees overhanging their property and sent my relative the bill which they were obliged to pay. Didn’t give my relation any warning or opportunity to cut the trees themselves.

 

Any fallen apples in your garden are yours.

 

They aren't. They remain the property of the tree owner.

 

Not if you eat them before they hit the floor.

 

I hate conflict with people, particularly neighbours. The subject has been brought up for the first time in 25 years...and in a confrontational manner. We've each been dealing with our own side up until now.

 

I think you're right as long as you offer the cuttings/branches back to the owner .

 

So is the tree now on your side of the boundary ?

 

It's bang on the boundary line. It just looks like it's on our side because of where she put a fence about 10 years ago.

 

My understanding is that you own it jointly, and are jointly responsible for the costs.

 

I think after 10 years you can claim the land as your own if the fence has been in place for that long...

 

Did she plant the tree or has it grown naturally from seed ? . It seems that if she has put her fence on the inside of the tree that she has relinquished ownership . Firstly I'd tell her that you are getting some advice from a tree surgeon with the intention of cutting it down . Alternatively apple trees can be cut well back in early spring almost to the crown without killing the tree .

 

The tree was there when we moved in 25 years ago. We're not sure who planted it.

 

It doesn't matter who planted it. It's owned by whoever owns the land it's growing on. If it's on the boundary, it's owned jointly in equal shares.

 

It does matter because if she planted it she presumably planted it on her land therefore it belongs to her . I cant see how a tree or a bush can be exactly on a boundary unless its self seeded .

 

I'm not an expert, I'm just quoting from the RHS link I posted earlier

"Who owns a tree growing on a boundary?
If the base of a tree sits on the boundary line between two properties it is jointly owned by both of them (they are classed as tenants in common). If one owner fells the whole tree without permission from the other owner, that would make them liable (as this amounts to trespass). Consent should also be sought from the other owner before work is undertaken on the tree.

Where there is any doubt as to on whose land the tree lies, a surveyor will be able to assess."