As some of you know, I have been getting a bit "Titchmarsh" in the garden whilst being a laydeeeeeeeeeeeeee of leisure.......and now I have a dilema!

At the end of our garden we have a BBQ area, which we are going to pave/deck, the problem is, next door have a tree, which in the last 6 months seems to have taken over quite a bit of OUR garden - it reaches the "chimney" of our BBQ and it taking up a 1/3 of the garden now.......

I was all for chopping the fecking thing down, but Mr Q doesnt think I can just do that, that I have to seek permission from next door, so I said, well if I have to have his permission, sod it, he can cut the bluddy thing down, after all its HIS tree........

We dont have much to do with these neighbours - they are a bit strange (he plays SLADE and STATUS QUO ffs :blink: :laugh: ) but I dont want an "altercation" I just want a bit of "light" at the suntrap at the top of my garden.......

So come on peeps, anyone know how this sort of thing stands legally etc? I have looked on Torbay Councils website and there isnt a thing about it, although other councils have guidelines, they are all a bit different to each other!

As far as I am aware....and my knowledge on gardening is only slightly less than my knoweldge of law (see blink for that) but I think you can cut the overhang off as long as you give it back to him......

NOW i could very well be totally wrong in which case SORRY

In our old house we had this....you can cut the overhang at your own cost.

Drive big rusty nails into the bark

In our old house we had this....you can cut the overhang at your own cost.

Drive big rusty nails into the bark

I said to Mr Q that I was going to have a word with Pete and tell him that his tree "really wasnt working for me" :laugh: I guess I will have to tell him what I am doing wont I?

and thanks for the tip Cat

As far as I am aware....and my knowledge on gardening is only slightly less than my knoweldge of law (see blink for that) but I think you can cut the overhang off as long as you give it back to him......

NOW i could very well be totally wrong in which case SORRY

As far as Me and Mr M know this is the case but I would advise a little chat with him first as he may well be quite reasonable just have a poor taste in music.

am becoming moe certain that wateveryo cut off yu have to give back or it is classed as theft..... :wacko:

As far as Me and Mr M know this is the case but I would advise a little chat with him first as he may well be quite reasonable just have a poor taste in music.

that would be VERY poor taste in music Maz :wink2:

I will accost, I mean, have a chat with him later about it!

(Oy! Wot's wrong with Slade and Quo? :cool: Good bloke music, that! :kid: )

Where we live it's that way too - cut it off and give it back to him. When we moved in here we had problem snob neighbours who regally granted us the dark shade from their 12 leylandii (sp?) monsters. We knew they'd probably kick up a fuss about us desecrating their trees, so I went round and told them it was going to cost me £500 to get them trimmed back by a proper tree surgeon but not to worry cos I wouldn't charge them anything and would make sure they got all their cuttings back. They couldn't agree fast enough - and also couldn't complain later when the tree man filled their stupid garden with their stupid branches and twigs. :devil:

that would be VERY poor taste in music Maz :wink2:

I will accost, I mean, have a chat with him later about it!


About the music or the tree :wink2:

Oh am absolutely sure [within the defines of the criminal damage law], that if the tree overhangs your garden that you are entitled to cut it off.

Now that I have chatted with Mr F - we are both double definitely sure that any overhang becomes your property and therefore you are 'in law' allowed to cut it off, at your discretion.

However, this can lead to neighbourly dipustes - so my plan would be to go the the neighbours and say that you are going to cut it down for 'reason x,y & z' and gauge their reaction. If it is done nicely then all parties are happy.

BUT YOU ARE WITHIN YOUR RIGHTS!!

Thanks Flip, to be honest thats what I thought.......

although Mr Q has had a little go at the lower branches while doing the hedge on the opposite side :ohmy:


And Maz, now that you mention it, it will be about the tree AND the music :wink2: status bluddy quo :bored: :naughty:

As far as I am aware....and my knowledge on gardening is only slightly less than my knoweldge of law (see blink for that) but I think you can cut the overhang off as long as you give it back to him......


That's the way I understand it.
Chop it off and chuck it back over to them. The tree branches that is. :wink2:

I think you can cut the overhang off as long as you give it back to him......That's correct. It doesn't become your property, Flip, sorry. The law has established that property rights do not extend vertically - hence you do not own something suspended over your property, any more than you own a plane that happens to fly overhead (nor can you sue the pilot for trespass).

The trouble is that most people will be offended (and I think rightly so) if you start hacking away at their plants, without at least mentioning it first. My view is that you have to live next door to these people, so it is better to be at peace with them if possible. I'd chat with them first.

What's wrong with Status Quo? :blush:

What's wrong with Status Quo? :blush:

I am shocked, nay, concerned, that you my learned friend, has to ASK :w00t: :laugh:

thanks for the advice Blink - havent had a chance to speak to them, they have been away all weekend......but I agree, its only polite to confer with them isnt it....even if he IS a Status Quo fan :devil: