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Who is responsible for next door's tree?

WALES, United Kingdom Gb

Our neighbour has a very LARGE, beautiful BUT imposing Oak tree in her garden which not only hangs over our garage and greenhouse but also the conservatory of the house at the bottom of our garden.

A neighbour from over the road has today told Ali that the tree was there when the houses were built and therefore lies under the control of the council.

Would this be correct and if so, who would I contact in the council about having it cut back? The neighbour is happy to have it cut back but couldn't afford it on her own.

We don't want it all cut back as it is used by a lot of wildlife but with branches visibly dying off, it is getting more and more scary, especially in the strong winds of which we had many last winter.

Any ideas or advice would be helpful.



Hi sounds like the oak tree may have a Tree Preservation Order (TPO) on it, issued by the council. Contact them for advice before you do anything...the penalties for pruning or felling a tree with a TPO without permission can be severe...

19 Oct, 2009


We have horse chestnuts here under Council control, and I believe we have to call the Council tree department and they come and do the pruning (if they agree it needs it) and we all pay the bill. I'm sure it must work similarly where you are, so the Council is your first port of call. If there isn't an Order on it currently, there will be once the Council knows about it, I'd imagine.

19 Oct, 2009


Usually its belongs to the person who owns the garden it stands in but might also have a preservation order on it? We are talking about avery large old tree here?
Be cautous about cutting anyones trees you need their permission at the very least and you have to hand over to them anything you cut off.
I would not do this unless I had written permission and knew there was no preservation order ( which is what the neighbour probably measnt when he said council)? Also an issue of insurance against any damage. A tree surgeon will be able to advice as may the council.

19 Oct, 2009


we all posted at the same time hebce my repeating whats already been said.

19 Oct, 2009


Definitely check with the council first OB and it the tree is causing a danger to buildings or people flag this up.

19 Oct, 2009


Thanks for that guys. No panic over me touching it whether I had permission or's too BIG!!

I will contact the council on Wednesday to see what they say.

Thanks again

19 Oct, 2009


I live in a local housing association property and so does the neighbour on our left, trees there side we ask the council to sort but on the right trees from their garden is down to them as its their own house, unless its over our side in which case I would nip bits off and return

x x x

20 Oct, 2009


may i ask maybe a silly question, why is there a need to return the cut off bits? if someone cut bits of a tree of that belonged to me id prefer that they disposed of them aswell

20 Oct, 2009


It just happens to be the law. You can cut back tree branches etc. that re growing over your property but have to return them to the owner. I'd use the common sense approach, speak to the person who's tree I was about to lop back before I did anything and ask them if they wanted the branches back. We have an agreement with our neighbour not to return but to dispose of.

21 Oct, 2009


No issue there for me as the branches are way too high to lop off!!

I'm going to try and find out some information over the next day or so from the council and go from there. The neighbours who run off the bottom of our garden have said they are happy to contribute towards having it cut back and we feel likewise - within reason, obviously!

Will see what I come up with and hopefully find a solution to a worrying problem tht may not occur this year or next but willeventually!

Thanks again everyone.

Hope you and Bulbaholic are well, Moongrower!

21 Oct, 2009


Hi OB yes we are both well and looking at what we do with an ash tree that is getting bigger and bigger and blocking more and more light from our garden. We don't want to take it down completely just raise and thin the canopy (don't panic it is in our garden). Guess a good tree surgeon is the next step as we can't do this ourselves.

21 Oct, 2009


Gulp...good luck with that one!

It's awkward as you don't like taking them back as the wildlife in apparent in abundance but the Oak next door is alos blocking valuable light from the Gh as well as being a threat in high winds!

These things just have to be done I guess.

Glad you're both well and I'm looking forward to seeing updates on the patch of neighbours land you've been working on!!

21 Oct, 2009


Moongrower we use to have an old Ash tree they get very big dont they.
I wonder if you could pollade it (expensive) ?
Or possibly sell off any wood as they make good firewood and hockey sticks.

21 Oct, 2009


I'll take a pix and put up so you can see why we can't pollard... if obviously got run over by a lawnmower as a baby. We have a multi-fuel stove and all burnable wood will be stacked and used on this. Thin stuff will be shredded and added to the paths in the new veggie garden. Yes I know I promised pix, might even manage it now it has stopped raining. I still work, albeit from home, and so have to try and balance things out. Given that it is now dark just after 6pm there are days when the only view of our garden I see is through the window...

21 Oct, 2009

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