Where would I stand with this...

Begbie

Begbie

Begbie

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Our house is right next to a golf course, which has trees on its border. Assuming to prevent any balls coming through.

Now the only problem is they have never trimmed them and now coming onto our land and scratching passing cars etc.

Am I right to expect them to be cutting them?
 
Give them a call and speak to the groundsman and tell him he can have access via your property to cut them down and there shouldnt be a problem.
 
Phoned them, she doesn't think its her responsibility. But is going to send the manager over to have a look regardless

. Supposedly they can't use their own grounds keepers to cut them and have to get contractors out, but lets see if they can keep the locals happy.
 
It'd be easiest if you simply asked them, it might be that they had not considered it prior to you raising the point and since any golf course will have groundsmen it wouldn't be unduly onerous on them to tidy up the trees.

However equally you could prune the branches that are intruding onto your property and the golf course could not legally complain about it. You may also be able to employ someone to prune the branches and charge the golf course for the cost if they are unwilling or unable to do so themselves - however get legal advice if you intend to pursue this course of action and please just try asking them first as it's almost always better to avoid making it into a legal problem if you can.

//edit I see you have asked them, see what the manager says at least before proceeding to other options.
 
From memory you are allowed to trim any trees/bushes that are over the border into your property.
However, legally you have to either return the trimmings or at least give them the chance to retrieve them to avoid a possible charge of theft*.

If they aren't helpful, I'd be tempted to trim them, then drop the cuttings off for them to dispose of (abiding to the letter of the law).

But as has already been said, try to sort it out via phone/letter first, it could save a lot of hassle (or at least effort on your part).


*I suspect that particular requirement probably has it's origins in protecting something like fruit trees or hardwood trees.
 
I certainly will be and do not intend on pursuing legal action for the matter of a few days work for my self, plus the money for the equipment needed. Of course I would rather they do and can't really see how they can legally so no to maintaining them.

I should rather thing, as its a pretty small community anyway, they would say yes out of good will rather than anything else anyway.

Hopefully get a call back by the end of the week.
 
Werewolf said:
From memory you are allowed to trim any trees/bushes that are over the border into your property.
However, legally you have to either return the trimmings or at least give them the chance to retrieve them to avoid a possible charge of theft*.

If they aren't helpful, I'd be tempted to trim them, then drop the cuttings off for them to dispose of (abiding to the letter of the law).

But as has already been said, try to sort it out via phone/letter first, it could save a lot of hassle (or at least effort on your part).


*I suspect that particular requirement probably has it's origins in protecting something like fruit trees or hardwood trees.
Click to expand...

The problem with this is, its at the parents house and they have just left it for years now. To trim the trees back it would take a good while too do so, and I would imagine I would need some sort of equipment I would have to rent.

Thanks for that.
 
As far as I know, plants of any kind are legally owned by whoever owns the land that the roots are in. As a result, the golf course would own *all* of the trees, including the parts intruding into your land. You can do what you like with those parts, but since they legally belong to the golf course then strictly speaking you must return any bits you cut off to the golf course. I'm not sure how awkward you can be about it and remain within the law, e.g. finding out who owns the golf course and dumping all the cuttings right outside their front door, dumping them all outside the main entrance to the golf course buildings, etc.

Since the trees legally belong to the golf course, I think that implies the golf course is legally responsible for them.
 
Werewolf said:
From memory you are allowed to trim any trees/bushes that are over the border into your property.
However, legally you have to either return the trimmings or at least give them the chance to retrieve them to avoid a possible charge of thef
Click to expand...


Yes that is what I was advised to do some years ago.

I don't know if you'd be legally right to trim the trees and then take all the trimmings and dump them on the first tee off point (or whatever they call it in golfing terms)? Whatever the consequences of such an action on your behalf, I bet they'd come and trim them next time you asked.

If it's the Golf Course, you could always ask your local News Paper to take photos of you trimming the Golf Course's trees.
 
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edscdk said:
^^^ seems more obvious than going to your PC to try and resolve the issue... ;)
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:rolleyes:

Yeah because its one or two branches and will only take half an hour to do!

Thanks for the help guys, to be honest if it comes to it I will spend a day or so doing it myself.
 
The golf course are only responsible for the saftey of the trees, if they are dangerous then they are obliged to do something about it otherwise if they fall an injur somebody they can be taken to court. The Golf course should be having the trees regularly inspected by a tree surgeon to ensure they pose no danger to users of the course or surrounding properties.

They have no obligation to trim them just because they overhang your land, you however are allowed to trim any branches that over hang your property provided as previously said you offer the branches too the golf course. If the trees are very large you should consult a tree surgeon as if you proform work on the trees that makes them unsafe you could be liable in the event of an accident.
 
a1ex2001 said:
The golf course are only responsible for the saftey of the trees, if they are dangerous then they are obliged to do something about it otherwise if they fall an injur somebody they can be taken to court. The Golf course should be having the trees regularly inspected by a tree surgeon to ensure they pose no danger to users of the course or surrounding properties.

They have no obligation to trim them just because they overhang your land, you however are allowed to trim any branches that over hang your property provided as previously said you offer the branches too the golf course. If the trees are very large you should consult a tree surgeon as if you proform work on the trees that makes them unsafe you could be liable in the event of an accident.
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Thanks for the advice, the main problem now is we have been triming them since we moved in. But they are hanging more and more into the road. The branches are getting thicker over the years, just meaning its taking a hell of a lot longer to trim them back.
 
Begbie said:
Thanks for the advice, the main problem now is we have been triming them since we moved in. But they are hanging more and more into the road. The branches are getting thicker over the years, just meaning its taking a hell of a lot longer to trim them back.
Click to expand...

Trim them down to the stump.
 
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