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Cutting back trees

We have some large trees growing (on our land) along a fenceline between us and the neighbours. I would like to cut back some of the branches on 'their' side of the fence (mainly for firewood for winter 2012).

I'm just wondering, though, if we are entitled to do this... the tree trunk is on our side of the fence but the branches overhang into their field. I'm assuming as the tree is actually growing on our side of the fence then it is 'ours' as far as the branches go?

Also, do we have to ask permission to go round there to cut it and remove the branches etc? We already have a right of way as our cesspit is nearby.

Thanks Very Happy

Looking at it from a slightly different perspective, if your neighbour wanted to trim the branches on their side of the fence/wall, they would legally have to give you the trimmings, as they are yours. So I guess it means you can trim your own trees and keep the trimmings. You would however need to have permission to go on their side of the fence/wall to cut them back.

The legal position is that the trees belong to you, the overhanging branches are trespassing on your neighbours space.
Arguably you need your neighbour's permission to enter their land if you need to go there to do the trimming, but if you have a right of way anyway, then that can be assumed.
Or you climb the tree and do it from your side.

Thanks both... thats all I needed to know!

Very Happy

Its your neighbour, speak to them over a cuppa.

Even if you have a legal right of access to maintain the septic tank its unlikely to cover the tree work.

Is good manners anyway... Unless of course they are that sort of neighbour...

I dont get on particularly well with him, he rents the property next door out and when I had a slight falling out with the people renting the property he took their side 100% despite the fact that we are distant relations... and also that the renters were being somewhat unreasonable..

Rolling Eyes
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