If tree falls from private property onto lane can I cut and take the branches?

B

BlueSpud

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A tree has fallen across a laneway near where I live. The tree fell from a private garden. Is anyone entitled to cut pieces off the tree now that it is down and on a public path?
 
Right to Public

As for me, yes! But it will be better if two parties agreed to cut it into pieces. Anyway, rescue teams or any in-charge to it is responsible though.
 
shanewalker said:
As for me, yes! But it will be better if two parties agreed to cut it into pieces. Anyway, rescue teams or any in-charge to it is responsible though.
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Not trying to be smart, but are you saying yes as a fact of law, or you just think people should be able to help themselves?
 
The tree belongs to the owner.
I believe you can cut it - but must return the cut bits to the owner. This is the case for overhanging trees etc. between neighbours - I would assume the same is true for trees which fall onto a road and cause a public nuisance (regarding the right to cut it).
 
If the tree was still standing and overhanging your garden my understanding is that you could trim back any overhanging branches but you have to throw them back over the wall.

I used to think this was the reverse of the old possession claim precedent on commons, but Superman's comments have the ring of truth about them - as usual :)

ONQ.
 
onq said:
If the tree was still standing and overhanging your garden my understanding is that you could trim back any overhanging branches but you have to throw them back over the wall.

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How far does this obligation go?

If a neighbour's trees overhang my property, is the neighbour obliged to take back any cuttings or dropped leaves?
 
He isn't obliged to do anything as I understand it, Complainer.

You can trim the hedges back to the boundary in theory and toss the trimming over to his side of the wall.

I say in theory because some trees actually grow on the boundary and trimming trees back to the bole is unlikely to do the tres much good - plus they look terrible.

ONQ.
 
Thanks ONQ. I'm not thinking about excessively harsh pruning. I thinking about situations where the amount of material coming off a neighbouring tree is a real PITA, and there is no green bin facility to allow me to dispose of this for free. I'm just wondering if the neighbour is obliged to take back this material, making it his problem, not mine?
 
I think he may well be, Complainer, and it would be worth finding out so please let us know if you discover anything definitive.

ONQ.
 
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