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Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Need advice on neighbours overgrown trees and ivy

Resolved Question:

Need advice on neighbours overgrown trees and ivy
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. ARe the trees growing over the boundary into your land? Is the ivy growing on your wall or a boundary wall? Are the trees and ivy blocking the light into your land? Do the trees or ivy need to be cut? Are the trees a danger? What are your concerns?
Customer: replied 1 year ago.
I have had to maintain the ivy over growing on my back boundary wall for over 10years, it also destroyed my shed which I had to replace at great cost. One particular tree I have had to cut every year as it overhangs into my garden shedding plums seasonally all,over my paved garden, it subsequently has grown a lot taller and blocks out sunshine . The other trees in my neighbours garden have grown so tall they block out all sunshine leaving my private garden in constant shade and the silver birch trees also shed so much spors I have to keep my property windows shut as these Spurs end up all over the interior of the house and the garden. The height of the trees has also interfered with the signalling on my satellite dish and subsequently had to be repositioned.
I can no longer use my own garden to which I am in great distress over.
I have tried personal letters and face to face discussions with the owners but with no success.
I need to know if I have a legal case to force tree and garden maintenance and possible loss of finance due to continuous maintenance .
Expert:  Buachaill replied 1 year ago.
2. I see you have given a negative rating. That was a bit hasty! You still hadn't even got an answer to rate the Answer.
Expert:  Buachaill replied 1 year ago.
3. You can cut the ivy back to the midpoint line of the boundary between your property and your neighbours. If the ivy is coming into your garden at any point, you can cut it back. You certainly don't have to allow it to ruin any other part of your property in the way it ruined your shed. 4. Secondly, if any of the trees, such as the plum tree crosses the midpoint line of the boundary, then you can cut it back as well. Additionally, if any plums enter your garden, then you can throw them back over the boundary.
Expert:  Buachaill replied 1 year ago.
5. If the other taller trees are evergreen trees and block out the light, then you can make a complaint to your local authority to serve an order on your neighbour requiring them to cut back the trees. Under the High Hedges Regulations 2005, the local authority can serve a notice on your neighbour requiring them to cut back these tall trees and to cut back any bushes which might interfere with your light and with the amenity on your property. Accordingly, I would recommend you send a letter of complaint to your local authority. If your neighbour does not cut these evergreen trees themselves, the local authority can send people to cut them themselves and send the cost to your neighbour. This will also enable your satellite dish receive a proper signal and be positioned in the correct position.
Expert:  Buachaill replied 1 year ago.
6. Please Re-Rate the answer. I am happy to answer any follow on questions.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
if the trees in question aren't evergreen do I still have grounds to have them reduced in height and as the ivy has damaged my garden shed could I legally claim back for expenses ? Thanks