Can I cut the tops of these conifers

[Ninnynanny]

On the other side of my 8ft high garden fence is the railway embankment. Growing on the top of the bank are conifers about 20ft high. I would like to trim them down to the height of my fence, Network Rail are not interested as they say they are not unsafe, so can I go ahead and trim them but it will all have to be done from my side of the fence. Thank you for any advice.

[askyourgran]

I presume the conifers are shielding an active railway track. Conifers are a blasted nuisance and if you have written permission to trim them I suppose you could. Having said that, what about the 12ft bits you trim off? Is there a danger that they will fall on the railway track. It would be safe to trim any that are overhanging into your garden, but it may be a bit difficult to do the job without trespassing on to Network Rail property.

[Mojo-Jo-Jo]

You can only trim what is overhanging your garden. Anything else is criminal damage.
If you do trim any overhang you can return the clippings over the fence but if you cut down someone else's trees you're asking for trouble. Try the council for advice, but I think you may be on a lost cause. Sorry.

[ChuckFickens]

"you can return the clippings over the fence"

Not relevant in this instance anyhow, but that's incorrect.

If you cut down overhanging branches you have to offer the cut off parts back to the owner, but they do not have to accept them and if they don't it's your responsibility to dispose of them properly. you can't just throw the cut off bits over the fence as a lot of people seem to think.

[Mojo-Jo-Jo]

Thanks Chuckfickens. I didn't know that. :)

[LoftyLottie]

Mojo jo is right. You can only cut down anything that overhangs and you can't cut down the height. You can't just put the trimmings over the fence. Legally, you have to ask if they want them back. If they don't then you have to get rid of them elsewhere.

[LoftyLottie]

Chuck beat me to it!!! Your answer wasn't there Chuck when I started my reply. I got waylayed in the middle of it.

[woofgang]

By not interested do you mean they say that they won't do it but you can or that they don't want it done? Be aware that reducing their height is likely to increase train noise in your house and garden.

[Brinjal]

Conifers are a pain. They tend to fall over in stormy weather. You need to look at the tops of the trees. If they are still nice and pointy they are ok. If they are pluming out at the top they are getting old and coming to the end of their life and tend to fall over if the soil is soft.

[boxtops]

Have you written to them or only phoned them? See if you can get their confirmation in writing that they don't mind your cutting them - but they are there as a noise barrier, not as a decoration, so they may say no.

[Ninnynanny]

Thank you for all your comments. Originall I had a letter from Network Rail giving a date whe they "were going to cut back the vegetation" as that did not happen I phoned them and said I was concerned about the height and that they were leaning against the fence. They agreed to send someone to look at them. A few days later I had another letter saying that the trees had been urveyed but that there were no safety concerns at present and that they will not fell or prune unless it was to solve problems relating to safety or structural damage. But they did not comment as to whether I could trim them back.

[Canary42]

Buy some copper nails, hammer them well into the trunks. Don't let anyone see you doing this. Trees will die.

http://www.ehow.com/h...ees-copper-nails.html

[tonywiltshire]

Get written agreement from the owners before dealing with these trees and ensure the written agreement covers what will be done to dispose of the branches and their natural attachments.
The strictly legal position if farcical.
The branches you remove remain the property of the tree owner, but they are unable to insist on coming on to your property to collect them. You cannot pick up the branches or use them yourself, as this would be a trespass on your part.
So your only legal right would be to let them lie there and rot.
Fortunately common sense usually prevails.