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Old 10.07.2015, 00:50
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Neighbour. Tree.

You can guess what is coming.

OK. Tree has grown over to the neighbour's property. Who is responsible for keeping it in trimmed on the neighbour's property? The tree owner, or the neighbour?
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Old 10.07.2015, 01:03
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Re: Neighbour. Tree.

MIL had a neighbor with a tree like that. Eventually her neighbour removed (cut) the tree. The tree made a "mess" every now and then, and the tree and the mess kept MIL's pavement shady and wet promoting moss growth which results in chipped concrete plus slippery surface.

This doesn't fly with Monsanto though - they own the tree, and then they will sue, win and fine you because the leaves from their tree promoted growth on your property (if you wanted that growth or not).Choose your battles.
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Old 10.07.2015, 01:19
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Re: Neighbour. Tree.

I'dl hazard a guess and say that the owner of the tree is responsible for maintenance of the tree, no matter whose side of the fence it's growing over.
Certainly the case in the UK, just occasionally the same rules apply here!

Might be worth offering to trim the branches back anyway if they're causing a problem, keeping good neighbour relationships and all that.
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Old 10.07.2015, 07:20
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Re: Neighbour. Tree.

In the UK, you have to have the express permission of the neighbour to go on their land to cut back your tree. On the otherhand, the neighbour has permission to cut any growth over the property border but then the cuttings belong to you and must be returned. I.e. Ask if you can come over and trim your tree or they will cut it any old way and lob the branches into your garden.
Of course, that is the UK....
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Old 10.07.2015, 10:24
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Re: Neighbour. Tree.

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You can guess what is coming.

OK. Tree has grown over to the neighbour's property. Who is responsible for keeping it in trimmed on the neighbour's property? The tree owner, or the neighbour?
Lots of posts but still no answer.

I was wondering about this myself yesterday but couldn't find an old thread with a concrete answer.

The general 'opinion' seems to be that if the tree is annoying the neighbours with falling leaves or branches or seedlings then you need to sort it out.

Did anyone complain or are you being pro-active?
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Old 10.07.2015, 10:25
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Re: Neighbour. Tree.

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In the UK, you have to have the express permission of the neighbour to go on their land to cut back your tree. On the otherhand, the neighbour has permission to cut any growth over the property border but then the cuttings belong to you and must be returned. I.e. Ask if you can come over and trim your tree or they will cut it any old way and lob the branches into your garden.
Of course, that is the UK....
Sounds like you've had problems with a neighbour at some point, mine have always been more than happy for me to deal with what is essentially my property. It's the same here in France where my main residence is, my tree, my job.

Anyway, Phil_MCR is asking 'who is responsible' and the answer is still he is.
He'll probably find that if he doesn't do something the neighbour will get a man in and sent him the bill!
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Old 10.07.2015, 11:23
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Re: Neighbour. Tree.

I'm pretty sure it's your responsibility and your neighbor should grant you access to trim it.
For our new place, our neighbor in front's wall will back directly onto our garden and it is written in the plans that he has access to a 1m wide strip along the back of his house in order to perform maintenance etc.
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Old 10.07.2015, 11:23
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Re: Neighbour. Tree.

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You can guess what is coming.

OK. Tree has grown over to the neighbour's property. Who is responsible for keeping it in trimmed on the neighbour's property? The tree owner, or the neighbour?
I would just leaf it alone.
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Old 10.07.2015, 11:28
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Re: Neighbour. Tree.

According to Ktipp it's the tree owner:

https://www.ktipp.ch/artikel/d/der-nachbar-dein-feind-und-nerver/
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Old 10.07.2015, 11:42
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Re: Neighbour. Tree.

Like all things in Switzerland, there are cantonal differences. The document here is based on Aargau, but tries also to deal with the general situation:
(Ger) http://www.google.ch/url?sa=t&rct=j&...,d.bGg&cad=rja

In principle, first look at the distance of the tree/shrub to the boundary and see if it is withing the allowed distance (example here: 6 Meters), then check if there is an applicable statute of limitations (say 5 years). There is anyway a general 30 year statute of limitations under these circumstances.

If you are troubled by overhanging branches or penetrating roots, you can ask the owner do deal with it. If he does not react, you can trim them back to the boundary yourself and retain the wood, fruit etc.

If the neighbour's tree has a severe impact on your enjoyment of your property, say no sunlight etc., you can also claim under (Art. 679/684 ZGB) (see Ger: http://www.baum-und-recht.ch/bundesgerichtsurteile.htm ). This is not affected by a statute of limitations.
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Old 10.07.2015, 11:47
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Re: Neighbour. Tree.

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According to Ktipp it's the tree owner
It certainly is in Ticino as well.

Tom
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Old 10.07.2015, 14:19
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Re: Neighbour. Tree.

How could it EVER be the neighbors job?

Would he be expected to climb the fence, perhaps place a ladder on his own side (he has no right to use the tree owners land) in a way he can reach far enough (often, minimum allowed distance from the border is many meters, even 5m or 6m) to cut a tree that's not even his own?

And next thing to happen is, the owner has him cut it again, just this time in a way the owner likes.

Get real.

And welcome to the friday thread.
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