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Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22386
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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sir my property has a chain link fence my neighbour has grown

Customer Question

sir my property has a chain link fence my neighbour has grown a hedge which is growing through my fence and has damaged it pretty badly . what is my position as my neighbour is pretty bad tempered and objectionable. he has verbaly abused me and has behaved in a a agressivly manner the evedicence i have on cc,tv many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Do you have a specific question?
Customer: replied 3 years ago.

I have already asked you what is my position?

That is my question.

Expert:  Stuart J replied 3 years ago.

This is a very common question. A
person cannot make an adjoining property owner cut the trees per se but please
see my later comments about trespass and nuisance.

Consent is needed to trim
deciduous trees which are protected by a Tree Preservation Order and a licence
may be needed to fell trees which are not protected by a TPO.

Evergreens cannot usually have a

Regarding evergreens, a complaint
can be made to the council and they will deal with them under the nuisance tree
legislation but only with regard to the height. They want £300 fee to start the process and if they
find that the trees are a nuisance, they can compel a tree owner to cut them
down to 2 m high.

With regard to branches and roots
growing boundary,(evergreen or deciduous) these are nuisance and trespass. The
overhanging pieces can be chopped off as can roots growing underground but they
do not belong to anyone other than the tree owner, so the pieces should be
given back although if they are unceremoniously dumped over their hedge without
warning, it is not good for already fraught neighbour relations.

The following are links will give
you some reading with regard to high hedges and nuisance trees. Don't worry
about 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

that answer the question? Can I help further? Can I answer any specific points?

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Customer: replied 3 years ago.

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

Expert:  Stuart J replied 3 years ago.

"what is my position" is not a specific
question that demands a specific answer. For example, your position is that you
might not want to do anything but that would appear not to be the case. Only
you can tell me what your position is but I can give you the options if that's
what you want

With regard to the damage to the fence, I did tell you

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


With regard to his
aggressive behaviour, you can ignore it, you can go to the police with a view
to getting him warned under the Protection from Harassment Act or you can apply
to court for a restraining order to prevent him coming within, say, 20 feet of
you and to prevent him speaking to you.

The police may or
may not take this on board depending on what evidence you have although they
should follow up every complaint you make.

If applying for a
restraining order it might be an idea to get a solicitor to write to him
telling him that you propose to apply to court for the order if he does not
temper his attitude. Be aware that, in the short term, that can inflame the

If you fear
violence and physical harm, the solicitor can make the application without
notice and can attach a certificate of urgency and this could be in court
within 48 hours for an interim order pending a full hearing.

I have to disagree
that the answer with regard to regard to the hedge and what you can do to it is
common knowledge and that is witnessed by the number of people who asked just
that question on here. Obviously, I have no way of knowing you know and what
you don't know unless you tell me.

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