Cutting someone elses trees.

[Generalchaos]

Getting fed up to death with the Thai guy that has a plot of land next to us.

He lives on another plot about 500 metres away where his home is built.

We have an access road that stretches about 100 metres from the tarmacked road to the village. Problem is, he has these Lam Yai (Longan) trees planted right next to the boundary of the road and as we are now in the growing season (WET) the damn things are overhanging the road into our home.

I was out today and chopped the overhanging branches as we had a few complaints from Tesco guys and their home delivery that his trees were scratching their pick up.

Anyway, I went and chopped all of the overhanging branches down to clear the road to our home.

The wife was mortified, she reckons that I cannot do this, also she thinks that I am wrong to throw the cut branches back into his land.

The access is a shared access, about 4 metres wide, we are allowed to use 2 metres and he is allowed to use 2 metres, it is government land and falls outside of his or my chanote. ( I paid for the roadway to be built, otherwise the property would be inaccessible)

From what I can gather it is perfectly legal for me to clear his overhanging branches to allow clear access.

What I am not clear about is where the cut branches need to go.

In the UK if we cut down overhanging branches that encroach on our property, we are allowed to but we MUST throw the branches back into the tree owners land, otherwise it could be construed as theft.

However, my wife seems to think that the law here requires me to dispose of the cuttings myself!

Anyone know the correct law? I'd prefer to throw them into his land in case he wants to use them as firewood rather than be accused of "The Farang Who Stole The Wood"

Edited July 10, 2016 by Generalchaos

[jadee]

I don't know the correct law, you could always 'ask the lawyer' on this site but I think the best way to resolve this is to go and talk to your neighbour - have you tried this? Explaining the problem and discussing it is probably the best approach regardless of the law.

[KhunBENQ]

What I miss from your story: did you (or wife) ever attempt to contact/talk to the person that owns the plot?

Your story sounds like you have years of problematic neighborhood?

I can't give advise as we live in a village where it is out of question that we cut the overhanging branches.

And if the mango tree of the neighbor grows too high and endangers our electricity and internet cables that run over her plot then the son will come and politely announce at the neighbor that he will cut the tree (on the plot of the neighbor).

The neighbor is an elderly lady which might make a difference.

If talking to the neighbor is not useful/successful then the next stops would be village headman/village elder and then the tessaban (community administration).

Edited July 10, 2016 by KhunBENQ

[samuijimmy]

Why not get your wife to talk to the guy and ask him .. seems to me it would be courteous to do so first.

If you said you would take care of the cut branches... and not just throw them back on his land... that would be a good move too. .

[Mark123456]

I agree wIth previous posters - why not mention the issue to the landowner first and tell him you'd like to resolve it by pruning the overhanging branches? UK laws are irrelevant and he may well consider you cutting his trees and throwing the branches on his land as a very provocative and insulting action. I'd be pretty angry if somebody did that to me.

Edited July 10, 2016 by Mark123456

[Generalchaos]

Why not get your wife to talk to the guy and ask him .. seems to me it would be courteous to do so first.

If you said you would take care of the cut branches... and not just throw them back on his land... that would be a good move too. .

Believe me we have talked to him, he is an idiot! We even let him use bamboo poles to raise the trees rather than cut them (poles on our land propping up his trees) but year after year since then he does nothing and just lets the trees droop. They are scratching all the cars and trucks that come into our place.

Now he doesn't even bother to prop the trees up.

He even caused a run in with the Land Office guys that came out to mark our land with the chanotes.

In the end the land office told him to basically FO!

They told him ( as he was even disputing land borders from other people's bordering land - nothing to do with him at all)

They told him in the end that "Look, we are not interested in what you believe, we are only here to tell them (ME) what they own!

The guy is an idiot.

Edited July 10, 2016 by Generalchaos

[ukrules]

Cut them all down when he's not around.

[Generalchaos]

I agree wIth previous posters - why not mention the issue to the landowner first and tell him you'd like to resolve it by pruning the overhanging branches? UK laws are irrelevant and he may well consider you cutting his trees and throwing the branches on his land as a very provocative and insulting action. I'd be pretty angry if somebody did that to me.

I completely agree, UK laws do not apply, but as far as I am aware, Thai laws allow you to cut the overhanging branches, what I am not clear about is where you put the cut wood! ( My wife thinks we need to dispose of it, I think otherwise, I don't want to be accused of stealing his wood- so I throw it back in his land.)

Edited July 10, 2016 by Generalchaos

[Generalchaos]

Cut them all down when he's not around.

Believe me, I have sprayed the bloody things with Roundup time and time again, but the damn things never die!

I don't even understand why he keeps them, they are nearly dead, he never looks after them, in three years out of 200 tress he will be lucky if he has got 1 KG of fruit,( and I probably cut at least 500 grammes of them tonight) he does nothing with them.

I told my wife to tell the FuXXER that i won't be charging him for my labour on this occaision.

[stevenl]

Why not get your wife to talk to the guy and ask him .. seems to me it would be courteous to do so first.

If you said you would take care of the cut branches... and not just throw them back on his land... that would be a good move too. .

Believe me we have talked to him, he is an idiot! We even let him use bamboo poles to raise the trees rather than cut them (poles on our land propping up his trees) but year after year since then he does nothing and just lets the trees droop. They are scratching all the cars and trucks that come into our place.

Now he doesn't even bother to prop the trees up.

He even caused a run in with the Land Office guys that came out to mark our land with the chanotes.

In the end the land office told him to basically FO!

They told him ( as he was even disputing land borders from other people's bordering land - nothing to do with him at all)

They told him in the end that "Look, we are not interested in what you believe, we are only here to tell them (ME) what they own!

The guy is an idiot.

You need to get the village headman involved.

[kannot]

Ive been thru this its quite simple, if you havent already asked him or hes just a total <deleted> go hang a notice on the offending tree and after a few weeks have passed cut off the branches that overhang, take a photo of the notice and date it went on so when he complains and goes to the Police like all the spoilt brats do you show the photo dated and say you gave ample warning and nothing was done and therefore you cut them.

been thru it with a lawyer perfectly ok. Chuck the crap on his land

Too many selfish runts here

The point is you must give notice

[Mark123456]

Why not get your wife to talk to the guy and ask him .. seems to me it would be courteous to do so first.

If you said you would take care of the cut branches... and not just throw them back on his land... that would be a good move too. .

Believe me we have talked to him, he is an idiot! We even let him use bamboo poles to raise the trees rather than cut them (poles on our land propping up his trees) but year after year since then he does nothing and just lets the trees droop. They are scratching all the cars and trucks that come into our place.

Now he doesn't even bother to prop the trees up.

He even caused a run in with the Land Office guys that came out to mark our land with the chanotes.

In the end the land office told him to basically FO!

They told him ( as he was even disputing land borders from other people's bordering land - nothing to do with him at all)

They told him in the end that "Look, we are not interested in what you believe, we are only here to tell them (ME) what they own!

The guy is an idiot.

OK, he doesn't sound like somebody you can negotiate with!

I suppose the non-confrontational solution would be to widen your access road a few feet on the other side but that would probably involve considerable expense and disruption (?) My ego would probably stop me choosing that solution in any case.

Edited July 10, 2016 by Mark123456

[Hedghog]

Cut them all down when he's not around.

Believe me, I have sprayed the bloody things with Roundup time and time again, but the damn things never die!

I don't even understand why he keeps them, they are nearly dead, he never looks after them, in three years out of 200 tress he will be lucky if he has got 1 KG of fruit,( and I probably cut at least 500 grammes of them tonight) he does nothing with them.

Ring bark them

Edited July 10, 2016 by Hedghog

[Rayk]

Cut down all his trees and while you're at it why not burn down his house.

[Buzzz]

Take a bottle of bleach and dump it on the roots of each tree. Do one tree every few weeks so they die off in a row, one at a time.

Tell them you are an arborist and the Lam Yai blight got to them. Too bad...

Edited July 10, 2016 by Buzzz

[malt25]

I don't know the correct law, you could always 'ask the lawyer' on this site but I think the best way to resolve this is to go and talk to your neighbour - have you tried this? Explaining the problem and discussing it is probably the best approach regardless of the law.

"you could always 'ask the lawyer' on this site"

Is the lawyer back ?

[starky]

As long as your not cutting his grass you should be sweet

[KhunBENQ]

I don't know the correct law, you could always 'ask the lawyer' on this site but I think the best way to resolve this is to go and talk to your neighbour - have you tried this? Explaining the problem and discussing it is probably the best approach regardless of the law.

"you could always 'ask the lawyer' on this site"

Is the lawyer back ?

No. Gone.

If this guy doesn't care about his plot then cut when he is not around and burn the stuff.

How tall is he

[Buzzz]

You can cut any branches overhanging your property line.

Does this law apply to the driveway easement? I think so.

[Kwasaki]

Girdling the trees in a civilian black ops will result in the death of the trees.

[Hawaiian]

Bleach (sodium hypochlorite) is used to initiate off season flowering in lamyai trees in lieu of potassium chlorate. Roundup is most effective on grasses and similar vegetation. Girdling the trees leaves obvious evidence.

[kannot]

You can cut any branches overhanging your property line.

Does this law apply to the driveway easement? I think so.

No you have to ask the owner by giving notice first this is not the UK and their rules dont apply.

How you give notice is up to you i suggest the note round a tree and a photo with date as proof you did it, this allows the owner the time to cut the trees him/herself and if they dont ina reasonable time then you can cut them to his boundary line only

[Deepinthailand]

You can cut any branches overhanging your property line.

Does this law apply to the driveway easement? I think so.

No you have to ask the owner by giving notice first this is not the UK and their rules dont apply.

How you give notice is up to you i suggest the note round a tree and a photo with date as proof you did it, this allows the owner the time to cut the trees him/herself and if they dont ina reasonable time then you can cut them to his boundary line only

Which has already been posted earlier my boy.

[kannot]

You can cut any branches overhanging your property line.

Does this law apply to the driveway easement? I think so.

No you have to ask the owner by giving notice first this is not the UK and their rules dont apply.

How you give notice is up to you i suggest the note round a tree and a photo with date as proof you did it, this allows the owner the time to cut the trees him/herself and if they dont ina reasonable time then you can cut them to his boundary line only

Which has already been posted earlier my boy.

Bit condescending "sonny" posted earlier by ME

[gandalf12]

Cut them all down when he's not around.

Believe me, I have sprayed the bloody things with Roundup time and time again, but the damn things never die!

I don't even understand why he keeps them, they are nearly dead, he never looks after them, in three years out of 200 tress he will be lucky if he has got 1 KG of fruit,( and I probably cut at least 500 grammes of them tonight) he does nothing with them.

I told my wife to tell the FuXXER that i won't be charging him for my labour on this occaision.

You sound s if you are having a Gung Ho moment. When not solve it the easy way by talking with the owner and trying to get a reasonable agreement before you do anything. I am sure you want him to respect you just as much he wants you to respect him. Your attitude which may well be like this doesnt come across as a friendly way of solving the problem.

You have to live there so no point in getting his back up for a little issue that you can both agree on

[kannot]

Cut them all down when he's not around.

Believe me, I have sprayed the bloody things with Roundup time and time again, but the damn things never die!

I don't even understand why he keeps them, they are nearly dead, he never looks after them, in three years out of 200 tress he will be lucky if he has got 1 KG of fruit,( and I probably cut at least 500 grammes of them tonight) he does nothing with them.

I told my wife to tell the FuXXER that i won't be charging him for my labour on this occaision.

You sound s if you are having a Gung Ho moment. When not solve it the easy way by talking with the owner and trying to get a reasonable agreement before you do anything. I am sure you want him to respect you just as much he wants you to respect him. Your attitude which may well be like this doesnt come across as a friendly way of solving the problem.

You have to live there so no point in getting his back up for a little issue that you can both agree on

but this looks like a case of him (neighbour) NOT being reasonable and not caring less about his overhanging trees, if people were reasonable they would just come and cut them down and apologise for them causing a problem, but as neither of us know either party then its all a guess

[Tagaa]

"Believe me, I have sprayed the bloody things with Roundup time and time again, but the damn things never die!"

Round up or paraquat wont kill a mature tree just by foliar spraying. If you want to kill the tree, scrape back a small amount of dirt, drill a hole deep into the base of the tree & inject the agent, directly into the root mass. Cover the hole with the removed dirt & the tree should be dead in a few weeks. Do that to all the trees & IF he says anything, suggect to him there most likely was an infestation of insects or possibly that a fungus or other disease killed the trees.

Then you can have the wife ask him to cut down the tress and suggest he turn the dead wood into taan. This he can sell & make a few baht.

No more problem.

I had a similar problem with our neighbor cutting down some bamboo that shades a wall of my house. I didn't mind him cutting the bamboo that was on his side of the fence (not my property) but he then started to reach over the fence & cut down bamboo that was growing on my property. I burst a major blood vessel & shouted and bitched at the <deleted>. He stopped. I then explained to the GF to tell him that it is fine to cut on his side, but NEVER reach over the fence & cut on my side. I must have scared the SH&^%t out of him as he hasn't touched it since.

I need a taller fence.