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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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I HAVE A TREE IN THE CORNER OF MY GARDEN IT WAS ONE OF FOUR

Resolved Question:

I HAVE A TREE IN THE CORNER OF MY GARDEN IT WAS ONE OF FOUR WHEN I MOVED IN 28 YEARS AGO.ILIKED THEM ALL BUT THE MAN AT THE BACK COMPLAINED THREE OF THEM WERE KEEPING THE SUN FROM HIS GARDEN, SO I PAID A TREE SURGEN TO CUT THEM DOWN. AT THE SAME TIME I ASKED THEM TO STOP THE GROWTH OF THE LAST TREE THAT WAS LEFT. IT COST ME 400 POUNDS THYE STUNTED THE GROTH OF THE LAST TREE. THE MAN AT THE BACK IS NOW SAYING THE LAST TREE I HAVE LEFT IS DAMAGING HIS PROPERTY.BECAUSE OF WIND AND IT IS OBSTRUCTING HIS AIRELS PERFOMANCE. PLEASE HELP ME WITH THE LAW. I HAVE ALREADY SAID I AM NOT CUTING IT DOW.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are the branches that he is complaining of actually hanging over his land?
Customer: replied 3 years ago.

my tree branches are about 2 feet from his property.He is a gablend terest on holy st. The side of his house is at the botom of my garden,the pasage between my fence and his house is about 3or4 feet then about at least 1to2 feet between his side fence and mine. He says the tree afects his TV ariel, I think the birds are responsible for that .I have had three ariels in the time I have been hear because of the mess they have made.This is the last of a long line of mones eg corncreet block cracked on his fence,gate post not strait. and so on.Iwant nothing more to do with him.

Customer: replied 3 years ago.

Thank you Joe i feel a lot better to know you are there to help.

Expert:  Jo C. replied 3 years ago.
Thanks.
I am in court today but I should be able to look at this later if thats OK?
Expert:  Jo C. replied 3 years ago.
He is entitled to cut off any branches which overhang his land. However he is not entitled to keep them and he must give them back to you because they belong to you and not him. If he removes them altogether that is theft.
If he cuts anything which is not overhanging but is on your land, that is criminal damage although the police are unlikely to be interested and simply refer it back to you as a civil matter.
If any of the overhanging branches damage has property, you are liable for that damage.
If he is not capable of cutting these branches himself, he is entitled to get someone in to do it and to charge you the cost.
The same applies to the roots.
If the branches which go over his land damage his aerial or his property you are liable for the cost of putting that damage right.
However there is no right to a television signal and even of the tree interferes with his television signal or blocked it out altogether there is nothing that he can do.
Similarly, if it blocks light to his garden or spoils his view, there is no right to light into anything other than a building and there is no right to a view.
His claim against you in respect of any overhanging branches is in a trespass and possibly common-law nuisance.
Can I clarify anything for you?
Jo
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