It is an offence to damage a nest intentionally while it is in use or being built and hedge cutting and tree felling is highly likely to damage nests or cause them to be deserted. Nothing to do with being 'politically correct' or not. If you are unsure what to do, contact RSPB Wildlife Enquiries on: 01767 693690. a borough, district or unitary council or a national park authority) and are made to protect trees that bring significant amenity benefit to the local area. What the law says on trimming hedges. I had a chain saw to cut logs up, that was using it at ground level, I wouldnt risk it up a tree. A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. This protection is particularly important where trees are under threat. They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em. Common Law on Trees The position in common law is that you may prune unprotected trees and hedges overhanging your land and the roots growing under your land up to the boundary, without the consent of the owner, but you must not trespass on to your neighbour’s land to do this. Aren't most people aware of this? The LA won’t want to know each time you do your hedge. You have the same rights (and liabilities) as for cutting off branches. This applies to all birds, including pigeons, crows etc. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area. He has already cut down the limes and next he will be cutting down three 50foot conifers (Leylandi ??) by MacadamB53 » Sun Apr 19, 2015 8:44 pm, Post But however, where I am may be lost.”, http://www.trees.org.uk/Help-for-Arborists/Treeworks-and-nesting-birds. by MacadamB53 » Sun Apr 19, 2015 7:42 pm, Post Hello. Post I have cut quite large trees down using tree saw, its about getting up the tree cutting the branches & making it fall where you want it. He has already cut down the limes and next he will be cutting down three 50foot conifers (Leylandi ??) Check if a hedgerow is protected. Remember that very few conifers grow out of brown wood so do not cut too far into the the sides. The law requires that you give the local authority six week's notice before felling or pruning any tree so that the council has time to decide if it would like to give the tree a preservation order or not. by Collaborate » Sun Apr 19, 2015 1:39 pm, Post Hi from Kingswinford in the West Midlands, "We don't stop playing because we grow old; we grow old because we stop playing." Reckless is a term often used in legal definitions. What if the tree falls over after I cut the roots? If attempts to negotiate a solution fail, the law is very clear: since the tree belongs to your neighbour, you can’t chop it down. Answer: All wild birds are protected. It broke when one of his trees fell sideways and a branch came crashing through it. Reckless is a term often used in legal definitions. Yes it is but you do not use that action alone to fell a tree safely in a controlled manner. Noooooo i wasnt cutting them down it was a neighbour and I was enquiring on here as I wasn't happy about it, “I am not lost, for I know where I am. Garden Law Discussion. I took down a conifer recently that was about 18ft, took me a few days as I didn't have proper equipment, and the top section did hit me on the head when it came down, so it wasn't the safest way to do it!lol I managed to avoid a leaving a stump by cutting through the roots. This allows the rest of the surrounding stems to grow. Cutting back trees You have a common law right to cut back tree branches that overhang onto your property. by Roblewis » Sun Apr 19, 2015 9:12 pm, Post If the tree in your garden can be seen and therefore enjoyed by the public it could potentially have a TPO placed upon it. Yes. by Holst2 » Sun Apr 19, 2015 11:44 am, Post You are free to cut back roots or branches that are within your property’s boundaries. Is he correct. ¨I can only speak for the process in Andalusia but would hope it's the same everywhere. Log in or register to join the conversation. It is my fence panel. - George Bernard Shaw. Conifers do not re-grow from the base so if you leave it, it will rot away in time. I told him to stop but being an octoganarian my words were ignored, he claims I said nothing. Who owns the fence? I'm suprised that a tree surgeon would consider removing them at this time of the year. As mentioned above balance is also key to the owner which dictates that they MUST cut the or... 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