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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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For extra privacy my new neighbour wants to plant a 30 metre

Resolved Question:

For extra privacy my new neighbour wants to plant a 30 metre tall Holm Oak (evergreen) near our boundary brick wall. I'm concerned that right from the outset my beds and the Beech trees and plants in them on my side of the boundary wall will be deprived of rainfall and possibly some light by the overhanging branches. If direct appeals to my neighbour fail is there anyone I can appeal to?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with tis.

Alex Watts :

* this *

Alex Watts :

Just to be clear the tree is already 30m that he is planting plese?

Customer: Yes
Alex Watts :

How long have you lived there please?

Customer: 2 years and my neighbour less than that.
Alex Watts : Ok. How long has the house been there with uninterrupted light?
Customer: This large property was developed about 10 years or so ago separating my house from the converted barn behind which my neighbour owns. So I would guess about 10 years.
Alex Watts : Ok. You can seek an injunction, you would first need to get a solicitor to write to him to stop him from doing this and say you will go to court otherwise.
Alex Watts : This should do the trick and is inexpensive.
Alex Watts : Otherwise you would have to issue proceedings in the county court. You would need to complete forms N1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : and N16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : The court would list it for hearing and decide whether to grant the ordrt.
Alex Watts : order
Alex Watts : If the court does and it is breached then it can be contempt of court. The neighbour can be fined, warned or sent to prison.
Alex Watts : The court can also order if he plants the tree that he remove it.
Alex Watts : Can I clarify anything for you about this today please?
Customer: No further clarification needed thank you.
Alex Watts : But you also have to offer those cuttings back.
Alex Watts : Great. Also any part that overhangs your land you are entitled to cut back as long as it won't kill the tree
Alex Watts : Can I help with anything else today?
Customer: No thank you.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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