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Trees, maintenance and overhanging boundary

Trees, maintenance and overhanging boundary

Old Aug 3rd 2020, 4:55 pm
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Default 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.

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Old Aug 3rd 2020, 5:29 pm
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Default 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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Old Aug 3rd 2020, 5:31 pm
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Default 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/
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Old Aug 3rd 2020, 5:51 pm
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Default 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.

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Old Aug 3rd 2020, 5:55 pm
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Default Re: Trees, maintenance and overhanging boundary

Originally Posted by Jack_Russells4ever View Post
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.
I believe the boundary is clear. The issue is the 20 trees with overhanging branches. Three as mentioned are very close to the boundary. There has branches overhanging one the roof. Also I need to point out neighbour told mother-in-law they had cut the branches back but I see no evidence. My mother-in-law and her husband are always conscious of any damage their own trees can do to neighbouring properties and if so chop they them down.
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Old Aug 3rd 2020, 5:59 pm
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Default Re: Trees, maintenance and overhanging boundary

Originally Posted by Pulaski View Post
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.
I'm not planning to cut back neighbours trees or chopping them down. But 20 trees with overhanging branches is a bit excessive, plus about five are two storeys tall! I also don't fancy doing some gardening and something falls on my head!
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Old Aug 3rd 2020, 6:12 pm
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Default Re: Trees, maintenance and overhanging boundary

Originally Posted by FenTiger View Post
.... I also don't fancy doing some gardening and something falls on my head!
You likely don't have much to worry about - I have about 3 acres (1½ hectares) of trees and in 17 years I haven't yet had anything fall on my head despite felling a tree or two each year, usually when they have died. I always wear full protective gear, including a helmet, when felling trees and I have only once had a branch fall onto my helmet, which was shocking but did not cause an injury.

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!
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Old Aug 4th 2020, 4:37 am
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Default 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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Old Aug 4th 2020, 6:58 am
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Default 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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Old Aug 4th 2020, 7:23 am
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Default Re: Trees, maintenance and overhanging boundary

Originally Posted by cathyg View Post
I would make contact with your local mayors office. They should be able to advise you...
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! :-)
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Old Aug 4th 2020, 9:51 am
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Default Re: Trees, maintenance and overhanging boundary

Originally Posted by FenTiger View Post
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?
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Old Aug 4th 2020, 1:24 pm
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Default 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.
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Old Aug 4th 2020, 2:20 pm
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Default Re: Trees, maintenance and overhanging boundary

Originally Posted by Jack_Russells4ever View Post
Care to share the link?
It's actually a book and it shows some parts ... will need to purchase the book (about £60!) to see the full contents!
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Old Aug 4th 2020, 2:33 pm
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Default Re: Trees, maintenance and overhanging boundary

Originally Posted by Peter_in_Hungary View Post
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.
It's actually the neighbours outdoor oven chimney which is extending beyond the boundary and is touching a couple of branches and leaves! As mentioned I had told the wife about the chimney and hopefully she will mention it to her mother and also her sister. I will leave it to them. I've just become involved because for the chimney issue I have been bit alarmed it could cause some damage, maybe catch fire if it is very dry! I have assumed it over extends the boundary because it goes through a wall and then upwards and has to go round roof guttering, which is in line with the boundary! (I may be being a bit picky but the previous neighbours were much friendlier and there was a gate between the two properties so either could pop in or out but that's all gone now! And as mentioned they don't allow us into their house!). Anyway, I'm viewing some other properties in a few days time so if I'm not living here it's not my problem.


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