Wi-Fi Food For Thought 1

[Rhys666]

In the UK with overhanging branches you are even entitled to cut them back but you must return them, (i.e., throw them back over the fence).

Rhys
"When one burns one's bridges, what a very nice fire it makes" -- Dylan Thomas
"As to marriage or celibacy, let a man take the course he will. He will be sure to repent" -- Socrates

 

[sleipnir214]

Rhys666:
So are you saying that the very thing I've been doing in the U.S. to irritate my neighbor is actually required by law in the U.K.?

But that would take all the fun out of it.



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TANSTAAFL!!

 

[Rhys666]

For a more complete clarification on UK law;

In England and Wales, there are two systems of law. COMMON LAW and STATUTE
LAW. Both affect trees in some way, but it's the common law which covers these bits...

COMMON LAW
Common law is based on case law and the decisions made on those cases by judges over the years.

Aspects of Common law which are of relevance to trees include;
Ownership, Overhanging Branches (and Roots), Damage caused by Trees.
Ownership of Trees

A tree normally belongs to the land on which it is growing.

The position of the trunk, where it emerges from the ground determines ownership.

Where a tree is growing on a boundary and it is not possible to say on which side it arose, the ownership of the tree may be shared between the two parties.

The owner of the tree is entitled to the rewards from the tree; eg: Timber and fruit.

Overhanging Trees.
If trees in your neighbours garden overhang your property, you are entitled to cut off the overhanging branches. Any fruit or timber from the branches belong to your neighbour.

Rhys
"When one burns one's bridges, what a very nice fire it makes" -- Dylan Thomas
"As to marriage or celibacy, let a man take the course he will. He will be sure to repent" -- Socrates

 

[SemperFiDownUnda]

boy this changed directions....

let me add my tree bits

Here in South Australia many trees are actually owned/protect by local governments. Thus you are not allowed to prune the tree without government approval. It doesn't matter if its on your property or your neighbors and just some branches over hang.

you know....there is just to much confusion over trees!

Hope I've been helpful,
Wayne Francis

If you want to get the best response to a question, please check out FAQ222-2244 first

 

[sleipnir214]

<aside>
I am reminded of a story from Bill Bryson's In a Sunburned Country, where he recounts that a new species of eucalyptus was discovered -- inside the city limits of Sydney. The trees predated the city. It's just that it's sometimes hard to distinquish species of eucalyptus from one another and everyone except for one tree expert were too busy going on with their lives.
</aside>

Out of curiosity, at what level of government is that law enacted?



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TANSTAAFL!!

 

[Dimandja]

In deepest Africa - had to say that - trees belong to the property owner, and there are no specific laws governing them.

But, there is something special that happens. Every half a century or so, whole villages move. Yes, they just go ahead and build a whole new village - about a mile or so from the old one. The trees left behind in the old village automatically become common property. And since most of them are fruit bearing, the old village turns into a great orange, pineapple, mango garden.

Dimandja

 

[SemperFiDownUnda]

One of my friends has a large gum tree in her yard and she can't touch it without council approval....so local government...but here in Australia I've seen Federal dept get involved. A heritage listed light house that was being restored had some brush that was growing obscuring the original look of the site and some advocates didn't want the brush cleared. I'm talking about a small amount....maybe 20-30 meters. Took a the federal office that handles heritage (forget the agency) to say they could clear the brush.


Hope I've been helpful,
Wayne Francis

If you want to get the best response to a question, please check out FAQ222-2244 first