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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My neighbour has bushes and heavy branches from a silver birch

Customer Question

My neighbour has bushes and heavy branches from a silver birch overhanging my small garden. I discussed with the possiblity of cutting it all back - she said I could go ahead and cut back as much as I needed to. I agreed and said that I would put the cuttings belonging to her over her fence. She said that she would leave some black bags for me - however I couldn't imagine how it would all it into black bags but I said that I had seen some boxes in front of her house and that maybe some of the cuttings would fit into these. However on the day I had planned help to undertake the task I saw that the boxes were inadequate and that they were wet. The cutting finished for this round we put her cuttings over the fence to her side. That was weeks ago. I am at present away from home at work and my son has phoned me to say the neighbour expects me to cut it all up and to bag it for her. I am very surprised we meaning my family bought the tools to cut her overhangings at no expense to her - I still have a lot of work to do as branches and bushes still overhang my property. I don't wish to cause ill feeling with my neighbour but feel that she and her partner should attend to their cuttings. What is the correct procedure - I haven't spoken to her as yet but will be home this Friday
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
The correct procedure is that the offcuts belong to them and not you.
They are actually responsible not just for removal of the rubbish but also the cost of cutting the trespassing branches off if you are not able to do it and engage a contractor.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

As a general question how best would it be to proceed with my neighbour? I need to cut further branches very soon.

Thank you

Lilian

Expert:  Jo C. replied 2 years ago.
That is more of a practical problem than a legal problem because you obviously know your neighbour.

Might it be a suggestion to say that you will have been told that this is all their responsibility and you are happy to cut it this time and remove it this time, even though you do not have to do, provided they will move it in future if you give them some notice?

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