Keep ,or, return

when cutting back a neighbours overhanging branches, is it the law that you ask if the tree owner wants the branches back. and if they say "No thank you "

you are obliged to dispose of them yourself? And just throwing the said branches over the fence is regarded as fly tipping ??

There is a bit here, but may not be too clear?

http://www.gardenlaw.co.uk/trees.html

Personally I just chop off what is hanging over the fence and dispose of it myself. I would imagine my neigbour would do likewise. It seems to work ok.

Technically you have to offer them back but if they say no you have to dispose of them yourself.

The 'offering them back' law was probably designed to stop people pruning ripe fruit trees and keeping the fruit. Most people don't bother with that bit.

Thank you for the Pointer.. sadly, some neighbour's are not so amenable .

---------- Post added 17-06-2017 at 08:07 ----------

Technically you have to offer them back but if they say no you have to dispose of them yourself.

The 'offering them back' law was probably designed to stop people pruning ripe fruit trees and keeping the fruit. Most people don't bother with that bit.

I have offered this information to the "neighbour " who has called me a liar,

about disposing of the removed branches, and regards me as his ..gardener in attendance. If more is thrown over ,am I within my rights to throw them back ???

This may help, may not if there is a dispute with the other person.

You can cut back any overhanging branch that comes into your property. However, the cut branch(es), and any fruit or flowers attached to the branch(es) remain the property of the tree owner and must be returned.

If the tree has a Preservation Order on it then you cannot cut/pare any branches. Your local council will have a list of preservation orders.

From the SAGA Web Site

However, the cut branch(es), and any fruit or flowers attached to the branch(es) remain the property of the tree owner and must be returned.

"Must" is too strong a word, but I cannot fault the rest of it; it is well established in law.

So, if the trimmings belong to you, then what is the argument that they should be the neighbour's problem to dispose of?

I am not seeing one that holds water, however, simply dumping them over the fence is anti social: they should at least be returned tidily.