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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbours tree is dropping leaves and seeds on my lawn

Customer Question

my neighbours tree is dropping leaves and seeds on my lawn all year. can I force her to stop it by crown topping it

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is the tree overhanging your land please?
Customer: replied 2 years ago.

some branches are but the tree is inside her back garden

Expert:  Ash replied 2 years ago.
Ok, so it mainly pruning it?
Customer: replied 2 years ago.

we prune the branches off that we can get at and it is not enough. The whole tree needs to be topped. We will do it at our expense but the neighbour said no

Expert:  Ash replied 2 years ago.
Ok. You need to get a solicitor to write to your neighbour to ask that it is done or say you will go to court for a nuisance. By having this drop in your land it is a nuisance. If he refuses then you can issue proceedings and seek an order he carries out the work.
You would need to use form N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The court will list the matter and decide whether to make the order, if the court does and he refuses this is contempt of court and he can be warned, fined or sent to prison. If you win you can ask the court for any legal costs you have incurred.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 2 years ago.

Good Afternoon Alex

We approached with your suggestion our neighbour and yesterday she allowed a tree surgeon to cut off 90% of the troublesome branches. So hopefully the problem MIGHT be solved.

Thanks for you information.

Barry

Expert:  Ash replied 2 years ago.
Great news!
Alex