Do you have a specific question?
What do you want to do? Is the tree evergreen/for/conifer type?
the tree is a sycamore maple which is a common variety
l would like the tree removed and a proper fence put back on the boundry line
as she has refused to remove the tree if l take legal action would l be successful and how much would it cost
This is a very common question. Aperson cannot make an adjoining property owner cut the trees per se but pleasesee my later comments about trespass and nuisance.
Consent is needed to trimdeciduous trees which are protected by a Tree Preservation Order and a licencemay be needed to fell trees which are not protected by a TPO.
Evergreens cannot usually have aTPO.
Regarding evergreens, a complaintcan be made to the council and they will deal with them under the nuisance treelegislation but only with regard to the height. They want £300 fee to start the process and if theyfind that the trees are a nuisance, they can compel a tree owner to cut themdown to 2 m high.
With regard to branches and rootsgrowing over the boundary,(deciduous or evergreen) these are nuisance andtrespass. The overhanging pieces can be chopped off as can roots growingunderground but they do not belong to anyone other than the tree owner, so thepieces should be given back although if they are unceremoniously dumped overtheir hedge without warning, it is not good for already fraught neighbourrelation
The following are links will giveyou some reading with regard to high hedges and nuisance trees. Don't worryabout where the sites are geographically because the rules apply nationwide.
This is however not evergreen sowhilst you can trim overhangs you cannot compel her to cut it down to 2m high.
A court case could costs£5,000-£10,000 if you lose although you can get costs awarded if you win.
Can I assistfurther or clarify anything for you?
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as the tree has grown three quarters of the tree trunk is now in my garden to accomadate the tree they moved the fence on to our garden reducing the size of our garden
do you think we have a good claim
It is a well-known legaldoctrine that anything which is attached to the land becomes part of the land.From a legal perspective therefore you own three quarters of the tree and theneighbour owns a quarter regardless of who actually planted it...
You could legally remove three quarters of the tree which is inyour land although that would destabilise the remaining quarter and probablykill it. Would probably also fall over leading to a negligence claim.
I think you have quite a good claim however I can never predictthe outcome of a court case and if I could, I would be very rich.
Remember that even the outsider in a race, sometimes wins.
BUT BUT BUT BUT...
There is another argument which the neighbour can use and thatis the Prescription Act.
This actually contradicts slightly what I said above because theycan claim that because the tree has been there for over 20 years, they have nowacquired the easement to have their tree in your garden.
Your claim then (if common law trespass does not work) is incommon law nuisance. I think you have an excellent claim in nuisance andtrespass but it would be for a judge to decide.
Can I help further?
Please bear withme today and in general because I am off-line and online all day and evening(and often at weekends)
Please don'tforget to positively rate my answer service (even if it was not what you wantto hear). If you don't rate it positively, then the site keep your deposit andI get 0 for my time. It is imperative that you give my answer a positiverating. It doesn't give me "a pat on the head", "good boy" (like ebay), it ismy livelihood!If in ratings you feel that you expected more or it only helped a little,please ask.