I have already asked you what is my position?
That is my question.
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 boundary,(evergreen or deciduous) these are nuisance and trespass. Theoverhanging pieces can be chopped off as can roots growing underground but theydo not belong to anyone other than the tree owner, so the pieces should begiven back although if they are unceremoniously dumped over their hedge withoutwarning, it is not good for already fraught neighbour relations.
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.
The neighbour is also responsible for the damage and if he is not going to pay to put it right, you can sue him in the Small Claims Court. It is quite easy to do here www.moneyclaim.gov.uk
Doesthat answer the question? Can I help further? Can I answer any specific points?
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sir i would be greatfull if you could answer the questions i asked .what is my position regarding the aggresive neighbour he has verbaly treathened me and i have cctv coverage of the incedent, the damage to my fence has not been adressed the advice you have given me regarding what happens if i cut the hedge is common knowledge.the two major points you have not adressed at all how can i give a positive rating on info you have given,i am not satisfid ,william
"what is my position" is not a specificquestion that demands a specific answer. For example, your position is that youmight not want to do anything but that would appear not to be the case. Onlyyou can tell me what your position is but I can give you the options if that'swhat you want
With regard to the damage to the fence, I did tell you
The neighbour is also responsible for thedamage and if he is not going to pay to put it right, you can sue him in theSmall Claims Court. It is quite easy to do here http://www.moneyclaim.gov.uk/
With regard to hisaggressive behaviour, you can ignore it, you can go to the police with a viewto getting him warned under the Protection from Harassment Act or you can applyto court for a restraining order to prevent him coming within, say, 20 feet ofyou and to prevent him speaking to you.
The police may ormay not take this on board depending on what evidence you have although theyshould follow up every complaint you make.
If applying for arestraining order it might be an idea to get a solicitor to write to himtelling him that you propose to apply to court for the order if he does nottemper his attitude. Be aware that, in the short term, that can inflame thesituation.
If you fearviolence and physical harm, the solicitor can make the application withoutnotice and can attach a certificate of urgency and this could be in courtwithin 48 hours for an interim order pending a full hearing.
I have to disagreethat the answer with regard to regard to the hedge and what you can do to it iscommon knowledge and that is witnessed by the number of people who asked justthat question on here. Obviously, I have no way of knowing you know and whatyou don't know unless you tell me.