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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a dispute with our neighbour about a tree on our property

Resolved Question:

We have a dispute with our neighbour about a tree on our property and its roots, she says the roots are trespassing on her property. For the life of us we can't get sufficient evidence of the extent of the roots. She insists the tree is taken down but we think there maybe alternative solutions available: tree root barrier for instance. We have asked for access to inspect the alleged trespass to carry out a survey, but she won't let us. We suspect she just wants our tree down and is using the roots as an excuse.

Can we insist on a higher level of proof. She has started litigation, she is trying to get an injunction against us. It is very frustrating!!!
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you asked her if she would let a surveyor in please?

Customer:

We have asked for access to inspect the roots and contacted a surveyor to carry out the work.

Customer:

We cannot understand her reluctance unless she may know more than she is letting on.

Alex Watts :

If the neighbour has refused then you do not need to do anything.

Alex Watts :

Make sure you keep a record of requests etc.

Alex Watts :

Your neighbour can not make you do anything without a Court Order.

Alex Watts :

If it goes to Court for any reason then you can show the Judge that you made requests and on the dates.

Alex Watts :

As a result I am sure the Judge will say to the neighbour that they have bought this on themself.

Alex Watts :

In short if the neighbour does not let you have access and you have made reasonable attempts, there is nothing further you need do.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No that is great. So we stick to our guns.

Alex Watts :

Yes that is correct.

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

As I said just keep a log of attempts.

Customer:

No not at the moment but we might be back later this week, thank you.

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