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Sycamore Trre -Neighbours Fence


Jim

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There is a small sycamore tree growing just inside my neighbours garden.The trunk actually touches the fence between our two properties.

The main drain for the village runs under my garden almost under this tree. I am concerned that the roots of this tree may in future damage this drain.

I will speak to my neighbour about this situation. But before this can anyone explain the legal situation.

A)I guess I have the right to prune the branches onto my land?

B) Are there any restrictions such that neighbours cannot plant trees/shrubs with a certain distance of the neighbours land?

Thanks

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I'll look forward to the response on this one.  We have a small cottage in the Creuse, bought ten years ago, when our neighbours' trees were very small.  They were Christmas trees that he'd planted as a family souvenir, but now they've shot up to an enormous height to the extent that they tower over both our houses and cut out the light.  His garden is in total darkness, for pretty much all the day, would you believe?

They're about 6 feet away from our boundary.  Despite polite requests to ask him to cut the height (he says they are full of memories and that he likes a shady garden, ignoring that our patio area is blocked of sun for a few hours while the sun passes behind them), he has so far refused.  We've even offered to do this, but no.  They sway alarmingly in the wind, but he says that they're firm in the ground.

I spoke to our local mayor who just shrugged and said that these things are best resolved informally but he didn't give me any firm guidelines on this regardin the law.  So I'll be interested to see if there is any legislation about this.

I had thought that, if you plant a tree, then its distance from a boundary must be the same distance as its height, i.e. a 9' tree must be 9' from the boundary.  Or is this in Germany?

 

 

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[quote user="Moriarty"]I had thought that, if you plant a tree, then its distance from a boundary must be the same distance as its height, i.e. a 9' tree must be 9' from the boundary.[/quote]

Plants which are intended or allowed to grow up to 2m or over should be planted 2m away from the boundary.

After 30 years of growth beyond the 2m height, the rules cannot be enforced.

Shorther plants should be planted at a minimum of 0.5m from the boundary.

Roots which intrude into your land can be removed or cut without permission from the owner.

You cannot cut branches which hang over your land but your neighbour has a duty to prevent them from growing over your land and can be forced to cut them.

Fruit which falls on your land is yours for the taking, but not if it is still on the branches overhanging your land.

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