Tree Branch Ownership

Heroditas

Not sure if this belongs here but I'll give it a whirl.
Came home from holidays today to find a large chunk of a tree in my back garden.
Looks like the neighbour behind me had been chopping some trees down and a substantial part of one ended up in my property.
The root was on their side of the wall and the tree was never overhanging on my side so it seems a bit cheeky that a portion of it was dumped on my side.

Am I entitled to just place it back over the wall into their garden, provided I don't damage anything?
Looks like some damage was done to the felt on the roof of my shed. Not too bothered about that, it's easily repaired.

Thanks in advance!

iverjohnston

Ask him if he wants it back, or even knows its in your garden.

Heroditas

I doubt they want it back. I certainly don't want it though.
Where would that leave both parties? (Dangerously skirting legal eagle territory here!!)

iverjohnston

Bloody hell, don't start on the legal stuff yet! Just ask him if he knows it fell over the fence/wall whatever. That should be hint enough. He probably had some fellow come in and cut it, and they "didn't notice" it fell onto your side.

Heroditas

Cheers! No intention of approaching a solicitor at all, just didn't want the mods to feel the thread needed to be moved to another part of Boards.

dathi

any branch overhanging your property line can be cut back to the property line as long as you give back the piece of branch. so just return the branch over the wall

D3PO

dathi wrote: »

any branch overhanging your property line can be cut back to the property line as long as you give back the piece of branch. so just return the branch over the wall

What is the situation if its a tree at the front of your property i.e council planted tree overhanging into your front garden ?

Am I entitled to cut it back ?

philstar

could you legally make your neighbour pay for the cutting down of over-hanging branches???

i mean its their trees over hanging your land??

Heroditas

philstar wrote: »

could you legally make your neighbour pay for the cutting down of over-hanging branches???

i mean its their trees over hanging your land??

It's their tree that was hanging over their land and the tree ended up in my land when they cut it down!

Gambas

Heroditas wrote: »

It's their tree that was hanging over their land and the tree ended up in my land when they cut it down!

As far as I know, the neighbour did the legally correct thing. The tree belongs to them, but any branches that overhang into your property are rightfully yours, so they have no right to them when they cut the tree down and are yours. Pretty bizarre, but is suppose the legal logic is that as a resource that wood is yours. In reality it is usually nothing more than green waste.

bmaxi

Gambas wrote: »

As far as I know, the neighbour did the legally correct thing. The tree belongs to them, but any branches that overhang into your property are rightfully yours, so they have no right to them when they cut the tree down and are yours. Pretty bizarre, but is suppose the legal logic is that as a resource that wood is yours. In reality it is usually nothing more than green waste.

I would understand the legal position to be the exact opposite. The tree is the neighbour's property and while you are legally entitled to cut any part of it which infringes on your property, that part remains his property.

Heroditas

Gambas wrote: »

As far as I know, the neighbour did the legally correct thing. The tree belongs to them, but any branches that overhang into your property are rightfully yours, so they have no right to them when they cut the tree down and are yours. Pretty bizarre, but is suppose the legal logic is that as a resource that wood is yours. In reality it is usually nothing more than green waste.

To stress again ..... neither the tree nor the branch were ever overhanging my property.
They cut down the tree, the branch "fell"/fell into my property.

My Potatoes

Talk to them, I'd say.

Gambas

bmaxi wrote: »

I would understand the legal position to be the exact opposite. The tree is the neighbour's property and while you are legally entitled to cut any part of it which infringes on your property, that part remains his property.

I think you are correct from what I can see on this:
http://www.treecouncil.ie/treeinformation/treesandlaw.html

bmaxi

Heroditas wrote: »

To stress again ..... neither the tree nor the branch were ever overhanging my property.
They cut down the tree, the branch "fell"/fell into my property.

The solution has already been advised to you, talk to your neighbour.

inocybe

I'd just post it back over their wall, no need to say anything.

monkeynuz

The branch is their property so send it back. The neighbour also has no right to fly tip if that's what it was, but I am sure it was just an oversight.

If you get on with your neighbour then by all means mention it, if not then don't feel any guilt about chucking it back.

Oldtree

To be very clear:

If a neighbours tree overhangs your property you are entitled to prune it back to the boundry, but not to the extent that this pruning leads to the demise of the tree.

Should you prune said tree then the prunings remain the property of the neighbour and must be offered back to the neighbour, but they are not obliged to take them.

The neighbour cannot be forced to prune the overhanging tree branches unless you take out a nuisance suit.

Should prunings fall into your garden from a non overhanging tree then throw them back over the fence as your neighbour is littering.