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Half a Tree or Half a Root?

wildlife, gardening, environment, Rural living, Pets and Vets
feder1
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Half a Tree or Half a Root?

#422534

Postby feder1 » June 26th, 2021, 11:25 am

It was lovely to see the artistic tree surgery of the overhanging tree on to the next door,s driveway reported in the news recently. Done to reduce the excessive bird song from the perchers.

We know that overhanging branches can be cut and returned to the owner of the offending tree.

However, DAK what to do about underhanging tree roots from next door please? Roots that are lifting concrete slabs.

Can we cut them short and give them a drink of glyphosate?

Gengulphus
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Re: Half a Tree or Half a Root?

#422549

Postby Gengulphus » June 26th, 2021, 12:13 pm

feder1 wrote:It was lovely to see the artistic tree surgery of the overhanging tree on to the next door,s driveway reported in the news recently. Done to reduce the excessive bird song from the perchers.

We know that overhanging branches can be cut and returned to the owner of the offending tree.

However, DAK what to do about underhanging tree roots from next door please? Roots that are lifting concrete slabs.

Can we cut them short and give them a drink of glyphosate?

I am not a lawyer, but my general understanding from various newspaper & similar articles I've read over the years is:

* The whole of a plant growing on your neighbour's land is the neighbour's property, even if it grows into your property.

* If it grows into your property, you are however entitled to remove it from your property - but only from your property. So you can cut back overhanging branches and 'underhanging' roots, but only as far as the boundary line. Important exception: if the tree is subject to a Tree Preservation Order, you need to get the council's permission to do any work on it.

* In both cases, the cuttings remain your neighbour's property, so you should offer to return them. In most cases, one can expect the neighbour to say that no, they're not wanted, but make the offer. (And don't just dump them into the neighbour's garden - that risks legal action for fly-tipping and/or damaging whatever you dump them on top of.)

* Don't deliberately damage the plant anywhere on the neighbour's side of the boundary line without the neighbour's permission - that's highly likely to count as criminal damage to your neighbour's property.

So I believe that the answers to your specific questions are that yes, as long as the tree isn't subject to a Tree Preservation Order you can cut back 'underhanging' roots, as long as you only go as far as the boundary line and you offer to return the cuttings - but no, you're not allowed to give the roots that drink of glyphosate or anything else that will damage the tree on the other side of the boundary line.

And by the way, if relations with the neighbour are poor, it's probably advisable to stop a few inches short of the boundary when doing the cutting back - enough to make certain that you don't trespass into the neighbour's property in the process.

Finally, something I have no idea about is what the situation is with regard to indirect or contributory damage to the whole tree - e.g. if you cut the roots back significantly, and the tree later falls over in a gale when it wouldn't have done if it had still had the roots... If you want that sort of detail, you would probably do well to ask on the Legal Issues board.

Gengulphus


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