Anyone know what my rights are in this matter and what i am reasonably allowed or not allowed to do?

My property sides onto a shared tenancy apartment block. In the grounds of the apartments are two mature cherry trees. The branches of these now overhang my property. The problem is that they are now sufficiently overhanging that all through spring their blossom drops all over our patio and driveway, which is a pain but tolerable; and then in summer we get masses of half eaten cherries dropped by the birds. I spend every evening sweeping and washing up cherry stains otherwise we get deep red spots staining into the deck, and my wife's car is perpetually covered in sticky goo. And of course bird shit.

We don't even get the 'benefit' because the cherries are out of reach of picking.

First action of course was to speak to someone sitting in the garden who said they had no problem with giving me access to the grounds so i can lop the trees back but he wasn't sure whether the other residents would be so happy. So I got the number of the housing association that maintains it and they sent a bloke to look at them who said that as the trees were more than a certain distance from my house itself they didn't have any obligation, but they'd look again next year when they will be closer again. I'm pretty sure that once they cross my boundary, legally I can cut the overhang down and throw it back, but if I havent actually got access to be able to do that (they're too high to reach by steps from my side) do i have the right to request access?

And then – are there any rules about what you can / can't or should / shouldn't cut down from mature trees?

I really don't want to have a dispute on this but the HA bloke has been less than accomodating. Annoyingly, they did trim the other side (the bit getting close to their walls) earlier this year but I came home from work to find that done so couldn't even ask the contractors to do a proper job. i guess they were asked to do the minimum for cost reasons.

http://www.desktoplawyer.co.uk/dtl/index.cfm?event=base:product&productid=2739

http://www.gardenlaw.co.uk/trees.html

The neighbour can chop the branches back to the boundary but he has to return the lopped branches to the owner of the tree together with any fruit that might have been on them.

cool so you can lop off the branches and then dump them back over the fence on their lawn

Beaten to it by Clubber.

In essence, be polite and tell the HA what you're doing and why you're doing it, reminding them that you are suffering loss (damage to your property) while the situation remains unremedied.

Suggest in the letter that if they prefer to lop the tree, you are happy to arrange a mutually convenient time for them to enter your land to do the work (if they need to), or alternatively, you will do or have the work done yourself, noting that you will (of course) return all lopped parts of the tree (and fruit!) to their property.

If you are going to have to incur cost to do the lopping (i.e. it's just not reasonably possible for you to do it , or you have to buy a ladder etc.), then you ought to approach them also in the letter to indicate that you expect these costs to be covered and that you will forward on anmy invoice received/receipts for tools required.

As always, be polite but be firm.

theyr ares ome interesting ways to kill tress you know 👿

>theyr ares ome interesting ways to kill tress you know

Show them examples of bad spelling and they die ?

interesting

Go on then. Tell us an interesting way to kill a tree. I challenge you.

😉

kimbers – not the way I read it. They are the property of the owner (the HA) so I can't take them without their permission, but they are under no obligation to take them back either. I have to offer the loppings back to them and if they refuse them then they become mine.

Trouble is I need access to their gardens to get up the trees to do it which they haven't so far offered and I haven't formally requested. But the indications i am getting are less than helpful. And while I probably could 'sue' for damages / consequential loss for them not maintaining the trees within their airspace that isn't going to be great longer term.

Put bluntly, I want them to do it as it's either my time or cost that's going to be hit if they don't. But I'd like to do so without getting heavy on them. Trouble being, it's a HA based 50 miles away who don't see the disadvantages, only that it'll cost them money. If it was a neighbour I'm sure I could talk to them differently.

but they are under no obligation to take them back either. I have to offer the loppings back to them and if they refuse them then they become mine.

That's not the way I read Kimbers quote. You have to give them the loppings back.

Anyway, I'm sure a firm but polite letter will sort it out.

With the right tool you could quite easily reach from the ground a tree limb/branch 6 or 7 m above, i have a 6.3m pole saw for this kind of work on a tree that isnt mine but I can reach from my boundary. Basically I tell the owners by letter my intention to prune their tree from my side and ask them to make contact with me if they want their branches returning or have any objection. Anything that overhangs your boundary you can cut back but you must offer it back however to climb the tree would require their permission. Pruning cuts are important to, trees can suffer hugely if limb is cut incorrectly, try to cut where a branch splits off in two and avoid making flush cuts as the wound wont heal correctly and the tree will be prone to disease and decay. 🙂

Flush cuts it is then 🙂

Last year had a transit van pull up at side of our house, 2 guys get out with balaclavas on and chop down 2 protected trees in the adjacent land!!

😯

If the trees are in a conservation area or have tree preservation orders on them you will still need the council's consent. Worth checking, if you get that wrong it can cost a lot of money and get you a criminal record.