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Jenny
Jenny, Solicitor
Category: Law
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My neighbour's, garden, which is L-shaped, has trees which

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My neighbour's, garden, which is L-shaped, has trees which overhang my garden on two sides, shedding leaves and also preventing plants from growing in the borders underneath them. Even during very heavy rainfall, no moisture reaches the ground beneath the large conifer which grows on the corner. In addition, most of my garden, which is only 30 ft long, remains in shade until early afternoon, as it faces east. Another neighbour has had the same problem with this tree-owner, and he told her that he was not prepared to keep paying for the trees to be pruned, as he couldn't see them from his house! In the end he offered to "go halves" with her, which she has now agreed to. I do not feel that this is right, and as I wish to speak to him about the trees affecting my garden, I would like to know my legal position. Do I have to put my request in writing, or is it enough to just to speak to him, and if he won't agree to foot the bill, what do I do next? The trees are in excess of 40 ft tall and form part of a spinney.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Have you mentioned this to him at all in the past or asked him to cut them back at all?
Customer: replied 1 year ago.
Not spoken to him yet, as I wondered if I needed to put this in writing. It's pretty certain he will refuse, as he did with his other neighbour, who ended up paying half the cost herself.
Expert:  Jenny replied 1 year ago.
well it is always better to have an informal chat with your neighbour first, if that does not work then you can write a letter. The legal position is that if the tree is causing a nuisance such as a lack of light then the owner should take steps to remove the branches, they cannot enter your land without your permission to do so though. If you need to remove them at a cost to remove the nuisance then they should be expected to pay. You should check that the trees are not subject to a Tree Preservation Order though.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know?
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