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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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My daughter has a lleylandi hedge. A neighbour has been cutting

Resolved Question:

My daughter has a lleylandi hedge. A neighbour has been cutting it back and dumping the cuttings on my daughter's lawn. My daughter has told her to stop dumping the cuttings, she doesn't mind them cutting back the hedge - which doesn't actually border the neighbour's garden as there is a verge and a footpath between the hedge and the neighbour's council property. My daughter owns her house.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Do the branches overhang onto their property? Sorry for the delay.
Customer: replied 1 year ago.
There is a verge the other side of the hedge, then a footpath, and then the front garden of the woman's property. The branches only overhang the verge.
Expert:  Jo C. replied 1 year ago.
Ok. But they over hang from her property ?
Customer: replied 1 year ago.
they hang from my daughters property, it is my daughters hedge.
Expert:  Jo C. replied 1 year ago.
If they do overhang then the neighbours are entitled to remove them and must return them to her as to keep them would be the tort of conversion. The foliage is her property. The only complication here is that the overhanging is upon public property rather than the neighbour’s property but it really doesn’t change the trespass all that much I’m afraid. Sorry if that is bad news. Can I clarify anything for you? Jo
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