Trees, maintenance and overhanging boundary
What are the rules about trees near boundaries and branches overhanging the boundary? My mother-in-law and her husband before he died had planned to put up a fence on the right hand side for the 2nd half of their plot of land they are responsible for but the neighbouring property had several trees branches overhanging the boundary so they asked them to cut them back. Anyway, there's still no fence so I asked if the overhanging branches had been cut back. Mother-in-law said they had but checking the boundary this morning it clearly looked like nothing had happened. There's a total of 20 trees all with overhanging branches and about three of those are so close to the boundary they would need to be cut down so the branches don't have to continually be cut back! Nearly all of them are all atleast four metres tall!
The only boundary marker between the two properties is a wooden stake hammered into the ground. |
Re: Trees, maintenance and overhanging boundary
Wasn't there a thread about Boundaries a few months ago? I would think the neighbour shouldn't mind trimming back the branches but as to cutting an entire tree down I would ask first because some folks get mighty upset if you cut down any tree. Ask before cutting or doing any trimming. If The boundary has not been marked by a surveyor best to invest in a new one because you may be in for a shock if the boundary is no where near were you believe it to be.
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Re: Trees, maintenance and overhanging boundary
I think this was the thread about boundaries from a few months ago.
https://britishexpats.com/forum/hung...urveys-932780/ |
Re: Trees, maintenance and overhanging boundary
I assume that it goes without saying that you can't remove a tree on someone elses property (perhaps there is an exemption if the tree is dead and/or presents an imminent danger to you or your property, but I'd recommend legal advice before proceeding if that is the case), but I would also be very cautious about removing enough branches to cause a threat to the life or stability of your neighbour's trees.
How much land would you be forgoing by setting the fence, say, 1m back from the property line? I can see you wouldn't want to do that if that was 10% of the area to be fenced, but if you have a couple of hectares then losing immediate access (but not giving up rights to*) a narrow strip of land might not be a big deal. * You would presumably want to maintain property line markers to ensure that the neighbours know where their property ends, and you could include a gate in the fence to give access to that strip of land for fence maintenance, mowing, and keeping the trees cut back from the fence. |
Re: Trees, maintenance and overhanging boundary
Originally Posted by Jack_Russells4ever
(Post 12891804)
Wasn't there a thread about Boundaries a few months ago? I would think the neighbour shouldn't mind trimming back the branches but as to cutting an entire tree down I would ask first because some folks get mighty upset if you cut down any tree. Ask before cutting or doing any trimming. If The boundary has not been marked by a surveyor best to invest in a new one because you may be in for a shock if the boundary is no where near were you believe it to be.
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Re: Trees, maintenance and overhanging boundary
Originally Posted by Pulaski
(Post 12891817)
I assume that it goes without saying that you can't remove a tree on someone elses property (perhaps there is an exemption if the tree is dead and/or presents an imminent danger to you or your property, but I'd recommend legal advice before proceeding if that is the case), but I would also be very cautious about removing enough branches to cause a threat to the life or stability of your neighbour's trees.
How much land would you be forgoing by setting the fence, say, 1m back from the property line? I can see you wouldn't want to do that if that was 10% of the area to be fenced, but if you have a couple of hectares then losing immediate access (but not giving up rights to*) a narrow strip of land might not be a big deal. * You would presumably want to maintain property line markers to ensure that the neighbours know where their property ends, and you could include a gate in the fence to give access to that strip of land for fence maintenance, mowing, and keeping the trees cut back from the fence. |
Re: Trees, maintenance and overhanging boundary
Originally Posted by FenTiger
(Post 12891821)
.... I also don't fancy doing some gardening and something falls on my head!
Live trees tend not to fall over, though I have had three rot out at or below ground level and fall over in storms; thank fully none did any damage. All I should have foreseen, and knowing what I know now I would have preemtively removed them. One was a 25m oak, that was 5m from my home .....and fell 90º, directly away from the house! :blink: |
Re: Trees, maintenance and overhanging boundary
Surely there must be some rules/law about trees overhanging boundaries or a neighbours house roof.
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Re: Trees, maintenance and overhanging boundary
I would make contact with your local mayors office. They should be able to advise you...
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Re: Trees, maintenance and overhanging boundary
Originally Posted by cathyg
(Post 12892077)
I would make contact with your local mayors office. They should be able to advise you...
Definitely, will get a land surveyor in. I have to say in addition both my wife and myself were surprised to see a metal external chimney from an outdoor oven for the neighbour on the other side overhanging the boundary between the two properties. They do have a chimney on top of this wooden structure they have the outdoor oven in but it seems it's just for show. It's right next to a tree on our side! Anyway, I have found a good link to Hungarian law and there's a English/Hungarian translation! :-) |
Re: Trees, maintenance and overhanging boundary
Originally Posted by FenTiger
(Post 12892085)
Yes, will do this after liaising with my wife and her sister. I am feeling quite cross with the neighbour because my mother-in-law is not in good health and also the father-in-law had had a number of health issues past two years, until he died mid-March, so neither would have been in the position to ensure the neighbours did as asked.
Definitely, will get a land surveyor in. I have to say in addition both my wife and myself were surprised to see a metal external chimney from an outdoor oven for the neighbour on the other side overhanging the boundary between the two properties. They do have a chimney on top of this wooden structure they have the outdoor oven in but it seems it's just for show. It's right next to a tree on our side! Anyway, I have found a good link to Hungarian law and there's a English/Hungarian translation! :-) Care to share the link? |
Re: Trees, maintenance and overhanging boundary
If you go to the mayors office it is the notary to whom you should speak as they are the legally qualified person in the office. As far as I know the rules about overhanging bushes and trees are that you can cut back to the boundary but the wood (and everything else you cut) belongs to your neighbour and should be returned to them (so you have to put what you cut back over the fence) But talk to your neighbour first to tell them your intentions.
When land is measured the surveyor will put a small wooden peg in the ground to mark the boundary. The pegs are placed at points where the boundary changes direction. If you have a wooden peg(s) in the ground already it could be that the plot has already been measured in the past. The land office should be able to tell you when and who last measure the land. You can look at the official map in the Land of free and write down any fixed points you like to establish if the boundary is approximately correct. You can get a scale copy of the map for a fee. It may be worth looking in Land Office to decide if the boundary looks positioned well enough not to bother with a surveyor. If you do have the land measured you have to invite your neighbour (best to do this in writing) to witness the measuring. With regards to the chimney - Stuff s not allowed to overhang boundaries. However a bigger problem could be that if the chimney is close to a tree the heat from the chimney will damage the tree if it is use frequently. Don't forget that you are living next door to the neighbour and I always think that it is better to discuss things first before getting all official. |
Re: Trees, maintenance and overhanging boundary
Originally Posted by Jack_Russells4ever
(Post 12892131)
Care to share the link?
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Re: Trees, maintenance and overhanging boundary
Originally Posted by Peter_in_Hungary
(Post 12892232)
With regards to the chimney - Stuff s not allowed to overhang boundaries. However a bigger problem could be that if the chimney is close to a tree the heat from the chimney will damage the tree if it is use frequently.
Don't forget that you are living next door to the neighbour and I always think that it is better to discuss things first before getting all official. |
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