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Overhanging branches and lime residue


Question
I have 3 lime trees overhanging my garden which are planted only approx 6 feet apart from each other.  we only have a small courtyard garden and have been able to cut the branches back once about 2 years ago when the owner of the trees saw that the branches were touching the top of our 3 storey house and the courtyard (which is only 16' deep and 20' wide) and furniture was black from the residue.  and even though the council have given our adjoining neighbour to cut them back again the owner of trees is refusing to let us even though we are paying for the work to be carried out.  If we only cut those branches that over hang (done by a tree surgeon) they will have to bring the branches through my house to put through the chipper.  we are also worried about cutting branches from only one side and would it make it unstable, as it is in high winds branches fall off into my garden as well as leaves.  What rights do we have with regards these trees

Answer
HI 1st let me say I am not a lawyer and therefore I am NOT providing you with any advice.That being said here is an excerpt from Neighbor Law. Fences,Trees,Boundaries &  Noise 6th edition written by Attorneys Emilyy Doskow and Cora Jordan

TRIMMING NEIGHBOR扴 TREE:
THE RIGHT OF SELF-HELP
Property owners in every state have the right to cut off branches and roots that stray into their property. In most states this is the only help provided by law, even when damage from a tree is substantial.
 The right to cut away at somebody else抯 property is not written down as a statue or local ordinance. It is a common law right, created by court decisions. The reasoning behind the rule is that neighbors should sort out their own problems, along with distaste for lawsuits between neighbors cluttering up the courts. Numerous judges also share the sentiment that a property owner should have the wit and responsibility to prevent harm to his property when he can do so, that "his remedy is in his own hands?
Generally the neighbor who does the cutting must pay for it

Limits on Self Help
A neighbor who cuts back limbs or roots belonging to someone else must stay within certain guidelines. The Neighbor:
   *can only trim up to the boundary line
   *needs permission to enter the owner抯 property, unless the limbs threaten to cause imminent harm
   *may not cut down the tree itself, and
   *cannot injure the tree by the trimming
It is especially important to remember to take care not to damage the tree when cutting back roots. One neighbor did not use reasonable care when trimming roots and ended up in court.
A permit may be required in some cities for any tree trimming or for pruning certain species of trees: check with the city抯 clerk office.
If a large tree is involved and the tree service must climb it or use ladders, permission of the owner must be obtained before the trimming.
It is wise to use a professional tree service when possible. Cutting branches and roots stresses a tree at the very least. If a neighbor doesn抰 know what he is doing, especially when large branches are involved, he could destroy the tree unintentionally.
 Hope this helps,Bill  

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