Our rear garden backs onto the one opposite. We had a lovely young ( 12ft )
Snake Bark Maple in the centre of the back border. Our wonderful neighbour
took it upon himself to trim all the growth over all his fences, including
the leading shoot of our tree, which was slightly leaning over his fence (
about 10 degrees, and not casting any shadow, over his 12 x 6 shed roof ).
This has reduced the tree to an upright trunk of about 6 feet and a top
branch of about 6 ft that leans dramatically back into our garden at about
45 degrees. My questions - was he legally allowed to basically destroy a
healthy tree in this way, as it did not cause any real problem to him, and
should I remove the top branch to allow another to become the lead ?

Whilst your neighbour is legally allowed to remove both branches and roots
that invade/overhang his land
HE IS NOT entitled to cause damage to the tree
and actually should have first asked you to remove the trespass before he
did anything himself

In reality its time everyone remembered that its realy their resposibility
to retain all plant growth of whatever kind within their own boundaries
.........sadly this is something which has been forgotten and of course when
it comes to Leylandi has caused real Neighbour Hell
"bigjon" wrote in message
...
Our rear garden backs onto the one opposite. We had a lovely young (
12ft )
Snake Bark Maple in the centre of the back border. Our wonderful neighbour
took it upon himself to trim all the growth over all his fences, including
the leading shoot of our tree, which was slightly leaning over his fence (
about 10 degrees, and not casting any shadow, over his 12 x 6 shed roof ).
This has reduced the tree to an upright trunk of about 6 feet and a top
branch of about 6 ft that leans dramatically back into our garden at about
45 degrees. My questions - was he legally allowed to basically destroy a
healthy tree in this way, as it did not cause any real problem to him, and
should I remove the top branch to allow another to become the lead ?

On Sat, 5 Apr 2003 03:41:04 +0100, bigjon wrote:

~Our rear garden backs onto the one opposite. We had a lovely young ( 12ft )
~Snake Bark Maple in the centre of the back border. Our wonderful neighbour
~took it upon himself to trim all the growth over all his fences, including
~the leading shoot of our tree, which was slightly leaning over his fence (
~about 10 degrees, and not casting any shadow, over his 12 x 6 shed roof ).
~This has reduced the tree to an upright trunk of about 6 feet and a top
~branch of about 6 ft that leans dramatically back into our garden at about
~45 degrees. My questions - was he legally allowed to basically destroy a
~healthy tree in this way, as it did not cause any real problem to him, and
~should I remove the top branch to allow another to become the lead ?

You are legally permitted to trim off everything that overhangs into your
garden from next door, up to the boundary line. So if the lead shoot of a
tree is over and gets trimmed by the neighbour you can't do a thing I'm
afraid.

I've got the opposite problem - I want to rejuvenate an ancient woody
honeysuckle which my neighbour borrowed a shoot from years ago before we
moved in and which is now completely covering his pergola. I will therefore
ruin his display by cutting down my own plant!!!

I don't know about the branch - phoning a tree surgeon may be the best way
of getting advice on how to restore the symmetry. I have three large
intertwined trees which are only in the garden for the first three feet and
then over another neighbours. I wish to goodness they WOULD cut them!!!


--
jane

Don't part with your illusions. When they are gone,
you may still exist but you have ceased to live.
Mark Twain

Please remove nospam from replies, thanks!

"bigjon" wrote in message
...
... My questions - was he legally allowed to basically destroy a
healthy tree in this way, as it did not cause any real problem to him,

Yes. He is permitted to cut back anything that overhangs his side of the
boundary. It is technically theft if he does not then return the cuttings to
you, but I would not expect the Police to be interested in pursuing it as a
crime.

and
should I remove the top branch to allow another to become the lead ?

If the tree is that badly affected, I would bring in a tree surgeon. It
probably needs an expert to see it to get the best advice.

Colin Bignell

In article , bigjon
writes
Our rear garden backs onto the one opposite. We had a lovely young ( 12ft )
Snake Bark Maple in the centre of the back border. Our wonderful neighbour
took it upon himself to trim all the growth over all his fences, including
the leading shoot of our tree, which was slightly leaning over his fence (
about 10 degrees, and not casting any shadow, over his 12 x 6 shed roof ).
This has reduced the tree to an upright trunk of about 6 feet and a top
branch of about 6 ft that leans dramatically back into our garden at about
45 degrees. My questions - was he legally allowed to basically destroy a
healthy tree in this way, as it did not cause any real problem to him,

He's allowed to trim any growth that comes over his boundary (strictly,
he is also obliged to offer to return the clippings to you). AFAIK, he's
not allowed to intentionally kill your tree, but he hasn't done that.

Strict adherence to the law isn't the best basis for neighbourly
relations - if he'd come and talked to you first, then you'd have had a
chance to train the tree back the other way into your garden - but then,
that's easy to say - I have lovely neighbours.

--
Kay Easton

Edward's earthworm page:
http://www.scarboro.demon.co.uk/edward/index.htm

I believe that a neighbour is allowed to cut back any growth that over
hangs his boundaries what ever damage that may cause (unless you live
in a conservation area or the tree has a preservation order on it - in
which case it is subject to the same protection its owner would have
to give it).

The neighbour is suppose to offer the off cuts back to the owner.

Nick

bigjon wrote in message . ..
Our rear garden backs onto the one opposite. We had a lovely young ( 12ft )
Snake Bark Maple in the centre of the back border. Our wonderful neighbour
took it upon himself to trim all the growth over all his fences, including
the leading shoot of our tree, which was slightly leaning over his fence (
about 10 degrees, and not casting any shadow, over his 12 x 6 shed roof ).
This has reduced the tree to an upright trunk of about 6 feet and a top
branch of about 6 ft that leans dramatically back into our garden at about
45 degrees. My questions - was he legally allowed to basically destroy a
healthy tree in this way, as it did not cause any real problem to him, and
should I remove the top branch to allow another to become the lead ?

bigjon scribbled:
I would think the neighbour has dammaged this tree even though he has not
killed it. He is not allowed to do that. Given that he is obviously not a
very friendly neighbour Sue him.

Steve R


Our rear garden backs onto the one opposite. We had a lovely young (
12ft ) Snake Bark Maple in the centre of the back border. Our
wonderful neighbour took it upon himself to trim all the growth over
all his fences, including the leading shoot of our tree, which was
slightly leaning over his fence ( about 10 degrees, and not casting
any shadow, over his 12 x 6 shed roof ). This has reduced the tree to
an upright trunk of about 6 feet and a top branch of about 6 ft that
leans dramatically back into our garden at about 45 degrees. My
questions - was he legally allowed to basically destroy a healthy
tree in this way, as it did not cause any real problem to him, and
should I remove the top branch to allow another to become the lead ?

On Sat, 5 Apr 2003 15:49:47 +0000 (UTC), Essjay001 wrote:

bigjon scribbled:
I would think the neighbour has dammaged this tree even though he has not
killed it. He is not allowed to do that. Given that he is obviously not a
very friendly neighbour Sue him.

Steve R


Our rear garden backs onto the one opposite. We had a lovely young (
12ft ) Snake Bark Maple in the centre of the back border. Our
wonderful neighbour took it upon himself to trim all the growth over
all his fences, including the leading shoot of our tree, which was
slightly leaning over his fence ( about 10 degrees, and not casting
any shadow, over his 12 x 6 shed roof ). This has reduced the tree to
an upright trunk of about 6 feet and a top branch of about 6 ft that
leans dramatically back into our garden at about 45 degrees. My
questions - was he legally allowed to basically destroy a healthy
tree in this way, as it did not cause any real problem to him, and
should I remove the top branch to allow another to become the lead ?

Thanks for all the helpful advice...

On Sat, 5 Apr 2003 08:44:43 +0000 (UTC), jane wrote:

...I want to rejuvenate an ancient woody
honeysuckle which my neighbour borrowed a shoot from years ago before we
moved in and which is now completely covering his pergola. I will therefore
ruin his display by cutting down my own plant!!!

Before you do a thing, talk with him, and explain *why* you want
to rejuvenate the honeysuckle and that you are aware it will
cause problems for him. There may very well be some compromise
approach that preserves everyone's happiness.

Of course, this kind of between-adults approach is impossible
with cranks and nut cases, but most people are fairly reasonable.

As I've said before here in URG, I once made the mistake of
cutting down a overgrown, decadent hedge without first consulting
with the neighbour on the other side. I was entirely within my
legal rights, but it resulted in permanent coolness in our
relationship, so I am unable to call upon his six daughters to
feed my cats when I am away.


--
Rodger Whitlock
Victoria, British Columbia, Canada

On Sat, 5 Apr 2003 03:41:04 +0100, bigjon wrotc:

and
should I remove the top branch to allow another to become the lead ?

The fist thing to do is prune the original 'leader' to the uppermost
healthy and undamaged 'axillary bud' (or leaf node, whatever you want
to call it).

Then it's decision time. I am assuming that you would like the tree to
become taller rather than bushier. The lateral (side shoot) which is
angling off into your garden will, unless you do something about it,
become dominant. If it is still quite bendy you could, I suppose,
stake it as far upright as you can and remove the original leader to
its joint with the strong lateral - but you will forever have a very
wonky plant - albeit without much further loss of previous growth.

If, through practicality or preference, that option does not appeal,
what you need to encourage is a fresh, new, nicely bendy lateral
sprouting as close to the top of the original leader as possible.

Unfortunately the large remaining lateral, in the process of
establishing dominance, will be sending down hormones to discipline
any upstarts and should be curbed. What you do next depends on the
amount of foliage ready to emerge further down and how much of the
original leader remains above the strong lateral. If there are
sufficient leaf buds emerging further down on the rest of the tree to
feed the plant throughout the year and there is also a good length of
the original leader bearing a number of leaf nodes remaining above the
strong lateral you could think of removing the lateral completely (and
cleanly) at the union. One of the leaf buds on the original leader
(not necessarily the topmost) will take off strongly this year. Stake
it as near vertical as possible. Next year prune what remains of the
original leader to its new strong lateral - which is now growing
upright and will happily take the lead. This is the least kinky
option.

However, if removing the strong lateral will also remove a large
proportion of emerging leaf buds, best not remove it completely. Also
best not to prune it back too hard as it will only encourage strong
shoots further down itself and these may outgrow any emerging from the
original leader which you would prefer to gain apical dominance
because the kink in the end result will be less.

The tree should sprout out vigourously this year but will do so
where it chooses so next year is another decision time. It may well be
that shoots from the original leader are flimsy compared to those
emerging from the pruned lateral but a vigourous shoot has emerged
from the upper side of the lateral very close to its union with the
leader. This may be the most suitable to turn into the leader at next
years prune in order to carry the growth on upwards. In this
eventuality there will be a small dogs leg kink which will smoothen
out as the tree matures. Kinky or wonky, take your choice.

And another thing - you knew all this anyway didn't you!


grin


Hussein
Grow a little garden

On Sun, 06 Apr 2003 02:24:41 GMT,
(Rodger Whitlock) wrote:

~On Sat, 5 Apr 2003 08:44:43 +0000 (UTC), jane wrote:
~
~ ...I want to rejuvenate an ancient woody
~ honeysuckle which my neighbour borrowed a shoot from years ago before we
~ moved in and which is now completely covering his pergola. I will therefore
~ ruin his display by cutting down my own plant!!!
~
~Before you do a thing, talk with him, and explain *why* you want
~to rejuvenate the honeysuckle and that you are aware it will
~cause problems for him. There may very well be some compromise
~approach that preserves everyone's happiness.

Ah well, there is another more pressing reason too. The honeysuckle is in
the fence (previous owners wove it in the panels when it was young!) and
some of the fence posts and most of the other panels have collapsed in the
winter gales. If he wants the fence repaired (it's my fence) he'll lose the
honeysuckle. I've already talked to his wife and we all like my proposed
solution.

I just can't get anyone to come do the blasted thing! We have a serious
shortage round here for plumbers, gardeners, electricians and other things.

~Of course, this kind of between-adults approach is impossible
~with cranks and nut cases, but most people are fairly reasonable.
~
~As I've said before here in URG, I once made the mistake of
~cutting down a overgrown, decadent hedge without first consulting
~with the neighbour on the other side. I was entirely within my
~legal rights, but it resulted in permanent coolness in our
~relationship, so I am unable to call upon his six daughters to
~feed my cats when I am away.
~

Perhaps this would be better in the neighbours thread, but...

I ask, because my parents' neighbours never did. They fell out years ago
(both sets have lived in the two semi-detached houses for 45+ years now)
over the next door's chap hopping over the 3' fence (his) into our garden
without permission and painting it with creosote on our side. After which a
lot of Dad's plants died. There was a row (I wasn't born at this point so I
have to go on Mum's telling) and he was told it wasn't appreciated, either
the hopping over or the creosote.

He then religiously creosoted the fence every summer for about 10 years
*when we went on holiday* and couldn't catch him. (It never dawned on him
that you only need to do it every 3 years in any case)

Dad finally retaliated by planting leylandii all the way along it. He has
kept them neatly trimmed to 6' and have served their purpose well. They
still barely talk to the neighbours. How sad is that?

(It's given me a loathing of both creosote and leylandii though, as I
always had clearup duty after a trim, and I have wonderful neighbours)


--
jane

Don't part with your illusions. When they are gone,
you may still exist but you have ceased to live.
Mark Twain

Please remove nospam from replies, thanks!

In article , Essjay001
writes
bigjon scribbled:
I would think the neighbour has dammaged this tree even though he has not
killed it. He is not allowed to do that. Given that he is obviously not a
very friendly neighbour Sue him.

So even if the tree overhangs your garden you can't trim it back if its
involves damaging the tree? who decides what constitutes damage i.e. can
it be aesthetic?
--
David

The law is an Ass on the subject or trees and hedges
The grower has the right to do what he darn well pleases as close to the
boundary as he likes and the poor person on the other side has to pick up
the tab for cutting back or the damage thats done

The only answer if someone plants trees or hedges along yoir boundary is to
religously cut back roots and branches to the boundary from day 1 then you
cant be blamed for damage to a mature specimen

Also told by an arboriculturalist that the more often you chop the roots of
Leylandi etc the quicker and more likelyhood Honey Fungus will set in and
then they wont be able to replant the things


"David" wrote in message
...
In article , Essjay001
writes
bigjon scribbled:
I would think the neighbour has dammaged this tree even though he has not
killed it. He is not allowed to do that. Given that he is obviously not a
very friendly neighbour Sue him.

So even if the tree overhangs your garden you can't trim it back if its
involves damaging the tree? who decides what constitutes damage i.e. can
it be aesthetic?
--
David

On Sun, 6 Apr 2003 12:34:52 +0100, bigjon wrotc:

Well, thanks again. I'm
going to have to think of a practical, subtle way of getting revenge, as I
can't afford to start legal action !!

My advice is not to dig yourself deeper into a futile escalation.

My garden is open to the street and gives many people a lot of
pleasure. Louts are however forever lobbing empty beer cans and other
rubbish into the borders and my friends marvel at the fact that I
simply go out and patiently retrieve them - effectively acting as
refuse collector.

I suppose I have despaired of the downward spiral of sensibilities
in this modern age and realise that it is de facto and nothing can be
done about it. You either give up or persevere.

You really don't want to compound the injury give these people the
satisfaction of finding that they have managed to fill people with
bile.

The best solution has already been suggested by someone. Disarm with
unexpected charm. "Here's the number of the EH officer. Let me know
how you get on." etc. etc.

Hussein

Grow a little garden

"Hussein M." wrote in message
...
On Sun, 6 Apr 2003 12:34:52 +0100, bigjon wrotc:

Well, thanks again. I'm
going to have to think of a practical, subtle way of getting revenge, as
I
can't afford to start legal action !!

My advice is not to dig yourself deeper into a futile escalation.

My garden is open to the street and gives many people a lot of
pleasure. Louts are however forever lobbing empty beer cans and other
rubbish into the borders and my friends marvel at the fact that I
simply go out and patiently retrieve them - effectively acting as
refuse collector.

I suppose I have despaired of the downward spiral of sensibilities
in this modern age and realise that it is de facto and nothing can be
done about it. You either give up or persevere.

You really don't want to compound the injury give these people the
satisfaction of finding that they have managed to fill people with
bile.

The best solution has already been suggested by someone. Disarm with
unexpected charm. "Here's the number of the EH officer. Let me know
how you get on." etc. etc.

What is an 'EH' officer?

Alan
--
Reply to alan(at)windsor-berks(dot)freeserve(dot)co(dot)uk


Hussein

Grow a little garden