Latest news with #HCBWiddowsMason
Daily Record
10 hours ago
- General
- Daily Record
Legal expert reveals which neighbour is responsible for overhanging trees in garden
There are rules you need to follow to avoid getting into trouble when it comes to overhanging trees. With summer finally upon us, many people will be spending more hours in their gardens. It's the time of year when flowers bloom and trees flourish, however, the vigorous growth can cause problems, especially between neighbours. As our gardens burst into life, foliage can encroach into the next door's land leading to confusion over who is responsible for the upkeep of the overhanging branches and intrusive plants. Property experts HCB Widdows Mason have issued a to guide householders to help them navigate the thorny issues. Natalie Welsh, head of property at HCB Widdows Mason, said her advice will help gardeners through the legal landscape while keep peace on the street, according to the Express. She said: "It can be really frustrating when branches or plants from your neighbour's garden start to spill over into your space. In England and Wales, you're allowed to cut back any branches that cross onto your property, but only up to the boundary line. Just make sure you don't step onto your neighbour's land or damage the tree itself. "It's always best to have a friendly chat with your neighbour first. Let them know what you're planning, especially if you think you'll need a tree surgeon." "If the branches are overhanging onto your side, you're responsible for the cost of having them removed, not your neighbour. Once you've cut them back, you're also responsible for getting rid of the branches properly. "The cut branches belong to your neighbour, you can offer to return them, but you mustn't just throw them back over the fence - that's fly-tipping, which is illegal. "If your neighbour doesn't want the trimmings, then it's down to you to dispose of them responsibly, whether that's your garden waste bin or taking them to the recycling centre. "The obligations for maintenance can change over time and responsibility is often poorly documented. If any plans associated with the property show 'T' marks on the title documents - your conveyancer can advise you - then this is usually an indication of the boundaries that you are to maintain and repair. Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. "If there are no such 'T' marks and the title is silent as to boundaries, then it is usually the case that the boundaries are considered party boundaries. This means that the responsibility to maintain the boundaries is shared evenly with adjoining properties. "In most situations, a friendly word with the neighbour may help establish views of ownership over any respective boundary in question and avoids any disputes or misunderstandings later. "Boundary disputes can often become costly and acrimonious - if you're not sure about your rights or think things might get tricky, it's a good idea to speak to a legal expert first." In Scotland, you are permitted to trim branches or roots that overhang into your property, according to Timber Tree Surgery. This right, known as the right of abatement, allows you to cut back encroachments up to the boundary line. However, it's important to do this carefully to avoid any damage to the tree or hedge. HCB Group are lawyers specialising in education, property, probate and more.
Daily Mirror
11 hours ago
- General
- Daily Mirror
What to do if a neighbour's tree overhangs your garden - who's responsible
With a heatwave approaching the UK, gardens across the country are blooming - but this could lead to a dispute over encroaching foliage from a neighbour's garden As the British summer starts to warm up, gardens are seeing vigorous growth, potentially spurring on arguments over the relentless advance of unruly hedges and branches from the neighbour's plot. To navigate these prickly disputes, HCB Widdows Mason's property experts are on hand to enlighten homeowners about their rights when it comes to invasive greenery. Natalie Welsh, head of property at HCB Widdows Mason, is imparting wisdom to those with a green thumb on how to trim both roses and disputes while keeping the peace with their neighbours. She said: "It can be really frustrating when branches or plants from your neighbour's garden start to spill over into your space. Simple airport duty free trick to bag cheaper beauty and alcohol before arriving "In England and Wales, you're allowed to cut back any branches that cross onto your property, but only up to the boundary line. Just make sure you don't step onto your neighbour's land or damage the tree itself. "It's always best to have a friendly chat with your neighbour first. Let them know what you're planning, especially if you think you'll need a tree surgeon. "If the branches are overhanging onto your side, you're responsible for the cost of having them removed, not your neighbour. Once you've cut them back, you're also responsible for getting rid of the branches properly. "The cut branches belong to your neighbour, you can offer to return them, but you mustn't just throw them back over the fence - that's fly-tipping, which is illegal. "If your neighbour doesn't want the trimmings, then it's down to you to dispose of them responsibly, whether that's your garden waste bin or taking them to the recycling centre. "The obligations for maintenance can change over time and responsibility is often poorly documented. If any plans associated with the property show 'T' marks on the title documents - your conveyancer can advise you - then this is usually an indication of the boundaries that you are to maintain and repair. "If there are no such 'T' marks and the title is silent as to boundaries, then it is usually the case that the boundaries are considered party boundaries. This means that the responsibility to maintain the boundaries is shared evenly with adjoining properties. "In most situations, a friendly word with the neighbour may help establish views of ownership over any respective boundary in question and avoids any disputes or misunderstandings later. "Boundary disputes can often become costly and acrimonious - if you're not sure about your rights or think things might get tricky, it's a good idea to speak to a legal expert first." HCB Group are lawyers specialising in education, property, probate and more, reports the Express.
