
Householders warned over lesser-known tree pruning law to be aware of in August
Cutting back trees and overhanging branches is a common job in the summer months in order to get your garden looking ship shape. But householders have been warned that not adhering to one law could see them land in bother.
The little-known rule applies to trees at the boundaries of your property which, while providing privacy and offering a home or shelter for birds and animals such as squirrels, can cause issues if not carefully managed.
If you want to cut back branches from a neighbour's tree which are overhanging into your garden - this is completely legal providing you are standing in your own garden while you carry out the job.
However, once you've pruned back any offending branches, an obscure law is that you must then offer these cuttings back to your neighbour, reports The Express.
Good neighbourly etiquette dictates that it is a good idea to tell your neighbour if you intend to take care of the branches.
The rule, which many will be unaware of, are backed up by various official bodies.
The Church of Scotland Law Department states: "The neighbour is entitled to cut them back (unless protected), although the lopped branches must then be offered back to the owner of the tree.
"The branches should not simply be dumped on the owners' land without prior discussion, and it may be necessary to dispose of unwanted branches elsewhere."
As Kirklees Council outlines: "If a tree or hedge is unprotected, you can prune branches that overhang your land and the roots growing beneath your land.
"You do not need the owner's permission, but you must not trespass onto their land.
"You must offer to return the cut branch wood and any fruit which is attached or has fallen onto your land."
And this is backed by the Royal Horticultural Society which adds: "Your actions are classed as 'abating a nuisance' which does not require permission.
"Only in situations where you need access to their land to undertake the work would permission be required.
"Once branches are cut off they should be offered back to the tree owner. If the owner doesn't want them then you will be responsible for disposing of the prunings; you can't simply throw them over the boundary into your neighbour's garden."
Taking away tree branches, could see you charged with theft. Technically, it's not your property to take even if it overhangs your garden.
Of course fruit on trees can be valuable, and back in the day many will have used tree branches for firewood - and this law still persists from a time when trees could be a valuable resource.
The Theft Act makes it a criminal offence to pick fruit, flowers or even branches from a tree that is not on your property. While it's unlikely you'll be thrown in the slammer for a few branches, if you cut down a neighbour's branches or take fruit/flowers from their trees, they are legally entitled to ask you to return them.

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