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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my tree has over hanging branches 7/8ft high into a private

Resolved Question:

my tree has over hanging branches 7/8ft high into a private car park, there is a builder who has "right of way" through the car park, the builder has said because of cars parked on the main road his high sided vehicles cannot take a wide enough berth and my trees are scratching the vehicles, can he cut back my trees without my permission. as I see it the cars on the main road are the problem although they are parked legally. hope you understand all that its difficult to explain in a few words.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** 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 :

What is it you would like to know? Can he cut them back?

Customer:

yes, he does not own the land, he hasn't even given me 24hrs from his first email, and l have ased him several time not to cut back my tree

Alex Watts :

By law anything overhanging his land can be cut back.

Alex Watts :

But he can't cut anything that would kill the tree

Alex Watts :

He also does NOT need your permission

Alex Watts :

But he also must offer back the cuttings

Alex Watts :

If he cuts back beyond the boundary line then this is criminal damage and can be reported to the Police

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

e does not own the land, does that make a difference, he has right of way thru to his property

Alex Watts :

I see. Only the owner can cut the trees

Alex Watts :

Otherwise it would be criminal damage

Alex Watts :

Does that help?

Customer:

yes thankyou

Customer:

you mean the owner of the property as in the carpark

Alex Watts :

Yes that is right

Alex Watts :

Does that clarify?

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