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By (user no longer on site) OP
over a year ago
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I was out in my garden,and i politely asked my neighbour if he would mind just cutting back the apple tree as it grows over and blocks a lot of the sunshine and they are huge apples,and when they fall off they hit you on the head and it hurts,this has happened to people sat in the garden,,he politely said No f..k off and if i touch his apple tree there will be trouble,he then said any apples that drop over my side,then i must throw them back over his fence,as he's going to make cider,bit of a cheek i think. I dont want to fall out with him,but it looks like I'm going to.What would you do  |
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By (user no longer on site)
over a year ago
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From Home Owners Alliance...
Q: My neighbour's tree is blocking light from coming into my garden and the branches are overhanging. She planted the trees 10 years ago and I'm not sure how to approach her. Who is responsible for maintaining the trees and do I have any rights? Can I chop down the overhanging branches?
It’s good to talk. So the starting point to handling this will be talking to your neighbour. Keep things civil and give them time to reflect on what you propose doing.
In advance of that conversation you might want to be aware of some facts.
First of all, check whether there is a tree preservation order protecting the tree and/or whether it stands in a conservation area. You can do this by phoning your local council and asking them to check on the local map of your area. You can discuss with them the implications of any planning restrictions on the tree.
If there isn’t an order or restrictions on the tree you do have a right under common law to cut back overhanging trees that are encroaching upon your property provided that you do not go over the boundary between your neighbour’s land and your own. We would recommend getting agreement from your neighbour for this work to avoid any ill feeling or claims of damage.
You will need to be very careful that you do not cause damage to the tree when cutting it back as this could leave you open to liability claims from your neighbour. Do not go beyond your boundary.
As the tree belongs to the land on which they originally grew you will need to ask your neighbour if they want any of the trimmings back and return any branches to them or else agree beforehand to dispose of them yourself.
You suggest the overhanging tree is causing problems with access to light. If it is blocking light to a window or glass house on your property then you might be able to acquire a right to light under Planning law. The Rights of Light Act 1959 states that if a property has received daylight for the last 20 years (the minimum prescribed period, which may rule out your tree), you may be entitled to continue to receive that light. Again speak to your local planning department about this. |
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By (user no longer on site)
over a year ago
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I could be wrong because it's uk law but here is my answer...
I believe you have the right to trim any branches of a tree that overhangs into your property. However, you only have the right to cut branches to the property line, not further into your neighbor's property. You also don't have the right to access your neighbor's land to perform the cutting.
However, any fruit or branches that are removed are still legally owned by your neighbor so you have to offer to return them to him/her. And your neighbor does not have to trim the branches that are on your side nor pay for the trimming of said branches. He/she isn't allowed to access your property to cut, either.
How do you like them apples?  |
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By (user no longer on site) OP
over a year ago
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"From Home Owners Alliance...
Q: My neighbour's tree is blocking light from coming into my garden and the branches are overhanging. She planted the trees 10 years ago and I'm not sure how to approach her. Who is responsible for maintaining the trees and do I have any rights? Can I chop down the overhanging branches?
It’s good to talk. So the starting point to handling this will be talking to your neighbour. Keep things civil and give them time to reflect on what you propose doing.
In advance of that conversation you might want to be aware of some facts.
First of all, check whether there is a tree preservation order protecting the tree and/or whether it stands in a conservation area. You can do this by phoning your local council and asking them to check on the local map of your area. You can discuss with them the implications of any planning restrictions on the tree.
If there isn’t an order or restrictions on the tree you do have a right under common law to cut back overhanging trees that are encroaching upon your property provided that you do not go over the boundary between your neighbour’s land and your own. We would recommend getting agreement from your neighbour for this work to avoid any ill feeling or claims of damage.
You will need to be very careful that you do not cause damage to the tree when cutting it back as this could leave you open to liability claims from your neighbour. Do not go beyond your boundary.
As the tree belongs to the land on which they originally grew you will need to ask your neighbour if they want any of the trimmings back and return any branches to them or else agree beforehand to dispose of them yourself.
You suggest the overhanging tree is causing problems with access to light. If it is blocking light to a window or glass house on your property then you might be able to acquire a right to light under Planning law. The Rights of Light Act 1959 states that if a property has received daylight for the last 20 years (the minimum prescribed period, which may rule out your tree), you may be entitled to continue to receive that light. Again speak to your local planning department about this." Thankyou for taking the time to reply ,very helpful  |
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By (user no longer on site) OP
over a year ago
|
"I could be wrong because it's uk law but here is my answer...
I believe you have the right to trim any branches of a tree that overhangs into your property. However, you only have the right to cut branches to the property line, not further into your neighbor's property. You also don't have the right to access your neighbor's land to perform the cutting.
However, any fruit or branches that are removed are still legally owned by your neighbor so you have to offer to return them to him/her. And your neighbor does not have to trim the branches that are on your side nor pay for the trimming of said branches. He/she isn't allowed to access your property to cut, either.
How do you like them apples? " Love apples would make @ crumble ,but he's saying i must throw any apples that fall off the tree ,back over his fence or there will be trouble,there's only blossom at the moment so i just dont know  |
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"I think he needs to look up the rules on this the silly arse,that would p*ss me off no end. Any branches overhanging into your property cut them back and throw back over the fence."
Then go and stick the apples up his nose! |
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By (user no longer on site) OP
over a year ago
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"Fuck him and his attitude. Should any of his beloved apples fall into your garden pick em up and chuck em thru his windows!!" I cant do that he's built like a brick shytehouse  |
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By (user no longer on site)
over a year ago
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Not sure if the apples that naturally fall into your property are yours legally. Either way,just for being a impolite two hat id throw them back your neighbours way using your strongest bowling arm  |
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By *ty31Man
over a year ago
NW London |
"Fuck him and his attitude. Should any of his beloved apples fall into your garden pick em up and chuck em thru his windows!! I cant do that he's built like a brick shytehouse "
Put a meet up on fab for some big guys to come round and help you.... |
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By (user no longer on site)
over a year ago
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"I could be wrong because it's uk law but here is my answer...
I believe you have the right to trim any branches of a tree that overhangs into your property. However, you only have the right to cut branches to the property line, not further into your neighbor's property. You also don't have the right to access your neighbor's land to perform the cutting.
However, any fruit or branches that are removed are still legally owned by your neighbor so you have to offer to return them to him/her. And your neighbor does not have to trim the branches that are on your side nor pay for the trimming of said branches. He/she isn't allowed to access your property to cut, either.
How do you like them apples? Love apples would make @ crumble ,but he's saying i must throw any apples that fall off the tree ,back over his fence or there will be trouble,there's only blossom at the moment so i just dont know "
Personally I'd wait until the apples were just a bit rotten, collect them, put them in a plastic bag and leave them on his front step every few weeks. But I'm not saying that's the right thing to do. It's not like he would sue you for them. |
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By (user no longer on site) OP
over a year ago
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"Fuck him and his attitude. Should any of his beloved apples fall into your garden pick em up and chuck em thru his windows!! I cant do that he's built like a brick shytehouse
Put a meet up on fab for some big guys to come round and help you...."  |
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By (user no longer on site) OP
over a year ago
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Last year i collected them all up,about ten buckets full,and put them outside me house ,with a note saying Free Apples ..they were gone very quick,i left carrier bags ,but people took my buckets to,so not doing that again,he never made a fuss last year. |
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By (user no longer on site) OP
over a year ago
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"wait till he is out, bray some copper nails into the trunk then soak them in diesel, the tree wont be there much longer " I couldn't destroy the tree lol  |
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I used to have an "orchard" with overhanging branches, ma next door neighbour was cool about it though as they made me apple & pear crumbles.
They kept their hens on my land, they eat all the s, and I got free eggs as well which was a bonus  |
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By (user no longer on site)
over a year ago
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"Last year i collected them all up,about ten buckets full,and put them outside me house ,with a note saying Free Apples ..they were gone very quick,i left carrier bags ,but people took my buckets to,so not doing that again,he never made a fuss last year. "
He must have read up on it then as unfortunately he is entitled to ask for the apples back as the tree is growing on his property |
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By (user no longer on site)
over a year ago
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"Last year i collected them all up,about ten buckets full,and put them outside me house ,with a note saying Free Apples ..they were gone very quick,i left carrier bags ,but people took my buckets to,so not doing that again,he never made a fuss last year.
He must have read up on it then as unfortunately he is entitled to ask for the apples back as the tree is growing on his property "
however, if the branches of the tree are growing over your side of the boundary, then you are entitled to chop them back...you don't need his permission unless he has a tree preservation order on it...
likewise if the roots of the tree are growing into your garden you can dig them up too |
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By (user no longer on site) OP
over a year ago
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"Last year i collected them all up,about ten buckets full,and put them outside me house ,with a note saying Free Apples ..they were gone very quick,i left carrier bags ,but people took my buckets to,so not doing that again,he never made a fuss last year.
He must have read up on it then as unfortunately he is entitled to ask for the apples back as the tree is growing on his property " So he really can ask for his apples and i have to give them to him. |
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By (user no longer on site)
over a year ago
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"Last year i collected them all up,about ten buckets full,and put them outside me house ,with a note saying Free Apples ..they were gone very quick,i left carrier bags ,but people took my buckets to,so not doing that again,he never made a
He must have read up on it then as unfortunately he is entitled to ask for the apples back as the tree is growing on his property So he really can ask for his apples and i have to give them to him." .only if u want to .u don't have to pick anything up from the ground if u don't want too |
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By (user no longer on site)
over a year ago
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"Last year i collected them all up,about ten buckets full,and put them outside me house ,with a note saying Free Apples ..they were gone very quick,i left carrier bags ,but people took my buckets to,so not doing that again,he never made a fuss last year.
He must have read up on it then as unfortunately he is entitled to ask for the apples back as the tree is growing on his property So he really can ask for his apples and i have to give them to him."
I would say if he wants them he should come round and get them  |
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By *ildt123Man
over a year ago
Huddersfield |
As I understand the bits of case law I can find:
You can trim the branches up to your boundary fence but must offer them to him if he wants them.
The Apples technically are his and you cannot use them, however you are not obliged to collect them for him and he has no right to come on to your land to collect them. You can leave them to rot or throw them away and there is nothing he can do about it. You can't gather them to use without his consent. |
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By (user no longer on site)
over a year ago
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this is why i've kept my apple tree less than the height of my 6ft fence. so i don't get shit like this happen. don't know why people can't be considerate of other people and keep on top of their shit. i still get enough fruit from my midget tree and can reach it all without a ladder.
you can also cut back tree roots if they're on your property. |
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By (user no longer on site) OP
over a year ago
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"this is why i've kept my apple tree less than the height of my 6ft fence. so i don't get shit like this happen. don't know why people can't be considerate of other people and keep on top of their shit. i still get enough fruit from my midget tree and can reach it all without a ladder.
you can also cut back tree roots if they're on your property." No roots just huge branches,that all overhang like an umbrella,its like he's watching me to see what I'm going to do  |
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By (user no longer on site)
over a year ago
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Find a friendly nurse, get some industrial strength laxitive and a syringe, careful inject said 'enhancement' into any fallen apples and put them in a nice box and take them round for him. Await the sound of fast moving feet, groans and toilet flushes.  |
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By (user no longer on site)
over a year ago
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"I could be wrong because it's uk law but here is my answer...
I believe you have the right to trim any branches of a tree that overhangs into your property. However, you only have the right to cut branches to the property line, not further into your neighbor's property. You also don't have the right to access your neighbor's land to perform the cutting.
However, any fruit or branches that are removed are still legally owned by your neighbor so you have to offer to return them to him/her. And your neighbor does not have to trim the branches that are on your side nor pay for the trimming of said branches. He/she isn't allowed to access your property to cut, either.
How do you like them apples? " if it turns out to be legal for you to cut the branches, i would get a tree surgeon incase you damage the tree.. Let him be liable he he :o) . Btw i wanted to be a tree surgeon but i faint at the sight of sap. :o( |
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By (user no longer on site)
over a year ago
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"this is why i've kept my apple tree less than the height of my 6ft fence. so i don't get shit like this happen. don't know why people can't be considerate of other people and keep on top of their shit. i still get enough fruit from my midget tree and can reach it all without a ladder.
you can also cut back tree roots if they're on your property.
No roots just huge branches,that all overhang like an umbrella,its like he's watching me to see what I'm going to do "
he's just rude to have his tree intrude into your garden really. i know nature does it's thing but when it comes to your own garden you can control what is in that and there's no excuse not to (disability is an exception but that's about it).
if he's watching don't do anything without witnesses. i wouldn't be surprised if he's going to cause trouble as well seeing as you've asked nicely to sort this out and he won't do anything and then started going on about his rights with the apples. if people have rights he should apply them to everyone and not just to himself.
you have the right to keep any of his stuff out of your garden and asking first was the best way to go about it. he should respect you. |
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By (user no longer on site) OP
over a year ago
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"this is why i've kept my apple tree less than the height of my 6ft fence. so i don't get shit like this happen. don't know why people can't be considerate of other people and keep on top of their shit. i still get enough fruit from my midget tree and can reach it all without a ladder.
you can also cut back tree roots if they're on your property.
No roots just huge branches,that all overhang like an umbrella,its like he's watching me to see what I'm going to do
he's just rude to have his tree intrude into your garden really. i know nature does it's thing but when it comes to your own garden you can control what is in that and there's no excuse not to (disability is an exception but that's about it).
if he's watching don't do anything without witnesses. i wouldn't be surprised if he's going to cause trouble as well seeing as you've asked nicely to sort this out and he won't do anything and then started going on about his rights with the apples. if people have rights he should apply them to everyone and not just to himself.
you have the right to keep any of his stuff out of your garden and asking first was the best way to go about it. he should respect you." Thankyou but he really is a miserable moany guy  |
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"I was out in my garden,and i politely asked my neighbour if he would mind just cutting back the apple tree as it grows over and blocks a lot of the sunshine and they are huge apples,and when they fall off they hit you on the head and it hurts,this has happened to people sat in the garden,,he politely said No f..k off and if i touch his apple tree there will be trouble,he then said any apples that drop over my side,then i must throw them back over his fence,as he's going to make cider,bit of a cheek i think. I dont want to fall out with him,but it looks like I'm going to.What would you do "
You've missed his polite request that "you must throw them back"
Watch him quickly change his mind as your first three apple returns take out three of his windows and the fourth wipes out his prize gnome forcing him to don a tin helmet and hide behind his shed |
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By (user no longer on site) OP
over a year ago
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"I was out in my garden,and i politely asked my neighbour if he would mind just cutting back the apple tree as it grows over and blocks a lot of the sunshine and they are huge apples,and when they fall off they hit you on the head and it hurts,this has happened to people sat in the garden,,he politely said No f..k off and if i touch his apple tree there will be trouble,he then said any apples that drop over my side,then i must throw them back over his fence,as he's going to make cider,bit of a cheek i think. I dont want to fall out with him,but it looks like I'm going to.What would you do
You've missed his polite request that "you must throw them back"
Watch him quickly change his mind as your first three apple returns take out three of his windows and the fourth wipes out his prize gnome forcing him to don a tin helmet and hide behind his shed " ha ha Nooooooooo  |
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By (user no longer on site) OP
over a year ago
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Gawd i tried to reason with him,i said if your not going to prune the tree then any apples that fall on my side ,could i keep,as my lodger feeds the homeless ,he said no and on no uncertain terms am i to touch the tree,he's trying my patience,i really dont want to turn into a mad woman. |
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By (user no longer on site)
over a year ago
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I think I would clearly establish what the law says and in view of his manner when you spoke to him about the issue I would consider putting it in writing.
Give him the opportunity, in writing and by arrangement, to come and trim the tree and advise him of a time frame for the work to be carried out. Then say that if he doesn't want to trim the tree you will have the work done abiding by the legal guidelines.
He then knows that you are serious about having the tree trimmed and has an opportunity to do it himself or have it done for him
I do like the idea of not throwing any apples back until they are rotten and fermenting
 |
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By (user no longer on site)
over a year ago
|
"this is why i've kept my apple tree less than the height of my 6ft fence. so i don't get shit like this happen. don't know why people can't be considerate of other people and keep on top of their shit. i still get enough fruit from my midget tree and can reach it all without a ladder.
you can also cut back tree roots if they're on your property.
No roots just huge branches,that all overhang like an umbrella,its like he's watching me to see what I'm going to do
he's just rude to have his tree intrude into your garden really. i know nature does it's thing but when it comes to your own garden you can control what is in that and there's no excuse not to (disability is an exception but that's about it).
if he's watching don't do anything without witnesses. i wouldn't be surprised if he's going to cause trouble as well seeing as you've asked nicely to sort this out and he won't do anything and then started going on about his rights with the apples. if people have rights he should apply them to everyone and not just to himself.
you have the right to keep any of his stuff out of your garden and asking first was the best way to go about it. he should respect you.
Thankyou but he really is a miserable moany guy "
you're welcome.
i suppose your next course of plan really should be to think about whether it'll be worth the hassle of falling out with your neighbour (and all the potentials that will bring) or if you can live with it.
but i'd nick some of his apples anyway. my pet degus like eating the branches off those trees as well. |
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By (user no longer on site) OP
over a year ago
|
"this is why i've kept my apple tree less than the height of my 6ft fence. so i don't get shit like this happen. don't know why people can't be considerate of other people and keep on top of their shit. i still get enough fruit from my midget tree and can reach it all without a ladder.
you can also cut back tree roots if they're on your property.
No roots just huge branches,that all overhang like an umbrella,its like he's watching me to see what I'm going to do
he's just rude to have his tree intrude into your garden really. i know nature does it's thing but when it comes to your own garden you can control what is in that and there's no excuse not to (disability is an exception but that's about it).
if he's watching don't do anything without witnesses. i wouldn't be surprised if he's going to cause trouble as well seeing as you've asked nicely to sort this out and he won't do anything and then started going on about his rights with the apples. if people have rights he should apply them to everyone and not just to himself.
you have the right to keep any of his stuff out of your garden and asking first was the best way to go about it. he should respect you.
Thankyou but he really is a miserable moany guy
you're welcome.
i suppose your next course of plan really should be to think about whether it'll be worth the hassle of falling out with your neighbour (and all the potentials that will bring) or if you can live with it.
but i'd nick some of his apples anyway. my pet degus like eating the branches off those trees as well." Its getting to the point that i dont care anymore if i fall out with him ,he's a nob lol ,  |
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Neighbour disputes are easy to start and difficult to finish.
You've done your best..... If they're really bothering you then carefully prune back the offending branches, maybe taking video of your work in case of future doubt.
Then ignore further attempts to harass you on the matter.
The law sure is an ass sometimes |
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"Fuck him and his attitude. Should any of his beloved apples fall into your garden pick em up and chuck em thru his windows!! I cant do that he's built like a brick shytehouse "
I'm.in brizzle.I'll help....I'll.come distract him whilst u cut em.....and we'll leg it like Beyonce and gaga!. Lol. |
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By (user no longer on site)
over a year ago
|
"this is why i've kept my apple tree less than the height of my 6ft fence. so i don't get shit like this happen. don't know why people can't be considerate of other people and keep on top of their shit. i still get enough fruit from my midget tree and can reach it all without a ladder.
you can also cut back tree roots if they're on your property. No roots just huge branches,that all overhang like an umbrella,its like he's watching me to see what I'm going to do "
you can legally chop them back ....you don't even need to tell him  |
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By (user no longer on site)
over a year ago
|
"this is why i've kept my apple tree less than the height of my 6ft fence. so i don't get shit like this happen. don't know why people can't be considerate of other people and keep on top of their shit. i still get enough fruit from my midget tree and can reach it all without a ladder.
you can also cut back tree roots if they're on your property.
No roots just huge branches,that all overhang like an umbrella,its like he's watching me to see what I'm going to do
he's just rude to have his tree intrude into your garden really. i know nature does it's thing but when it comes to your own garden you can control what is in that and there's no excuse not to (disability is an exception but that's about it).
if he's watching don't do anything without witnesses. i wouldn't be surprised if he's going to cause trouble as well seeing as you've asked nicely to sort this out and he won't do anything and then started going on about his rights with the apples. if people have rights he should apply them to everyone and not just to himself.
you have the right to keep any of his stuff out of your garden and asking first was the best way to go about it. he should respect you.
Thankyou but he really is a miserable moany guy
you're welcome.
i suppose your next course of plan really should be to think about whether it'll be worth the hassle of falling out with your neighbour (and all the potentials that will bring) or if you can live with it.
but i'd nick some of his apples anyway. my pet degus like eating the branches off those trees as well.
Its getting to the point that i dont care anymore if i fall out with him ,he's a nob lol , "
you could just trim his tree then and you don't need his permission for that. you're only legally allowed to trim up to your fence and you can't trim the height of it on his side so you might not get much sun back.
if he causes any problems don't talk to him but ask if a community officer can come round and keep an eye on you while you do it. i'm sure one would have time for that.
good luck. |
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"I was out in my garden,and i politely asked my neighbour if he would mind just cutting back the apple tree as it grows over and blocks a lot of the sunshine and they are huge apples,and when they fall off they hit you on the head and it hurts,this has happened to people sat in the garden,,he politely said No f..k off and if i touch his apple tree there will be trouble,he then said any apples that drop over my side,then i must throw them back over his fence,as he's going to make cider,bit of a cheek i think. I dont want to fall out with him,but it looks like I'm going to.What would you do
You've missed his polite request that "you must throw them back"
Watch him quickly change his mind as your first three apple returns take out three of his windows and the fourth wipes out his prize gnome forcing him to don a tin helmet and hide behind his shed ha ha Nooooooooo "
Yessssssssssss, a continual bombardment of apples should either reduce his house to rubble or force him to surrender |
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By (user no longer on site) OP
over a year ago
|
"Fuck him and his attitude. Should any of his beloved apples fall into your garden pick em up and chuck em thru his windows!! I cant do that he's built like a brick shytehouse
I'm.in brizzle.I'll help....I'll.come distract him whilst u cut em.....and we'll leg it like Beyonce and gaga!. Lol." Deal  |
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By (user no longer on site)
over a year ago
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"I was out in my garden,and i politely asked my neighbour if he would mind just cutting back the apple tree as it grows over and blocks a lot of the sunshine and they are huge apples,and when they fall off they hit you on the head and it hurts,this has happened to people sat in the garden,,he politely said No f..k off and if i touch his apple tree there will be trouble,he then said any apples that drop over my side,then i must throw them back over his fence,as he's going to make cider,bit of a cheek i think. I dont want to fall out with him,but it looks like I'm going to.What would you do " sorry it's to stop you peeking over when sunning me bum  |
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