If she will not remove any growth trees, climber, plants, weeds etc which grows from her property and trespasses onto your property, then you can remove it and actually charge her for the removal if you have to get contractors into do it. You must not do anything that kills it.
Somewhat bizarrely, you cannot keep the bits that you cut off because that is theft and you should return them to her. She might not be very happy if you don’t the clippings onto her land but that’s the situation. You might want to tell her what you’ve been advised and ask her does she want the pieces or does she want you to dispose of them.
If she regularly trespasses personally onto your land, you can apply to court for an injunction to stop her.
If the climber which is on her land blocks your view all the sunlight onto the terrace, that is not actionable. It would be actionable if it blocked at least 50% of the light coming in to a room but not onto a terrace.
A solicitors letter may get more notice taken of it than your own letter although that may inflame the situation so you might want to start with your own letter.
Can I clarify anything for you?
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You are not able to issue an application for an ASBO yourself, it has to be a relevant organisation such as housing association or local authority. Following consultation with the police they would then apply to court for the as both. However that really would be a last stop situation and it’s unlikely to happen here quite simply because the matter is so easy to resolve.
I high hedge is defined in section 66 of the legislation if it is a barrier to light, rises to more than 2 m above the ground and is a tree or shrub evergreen or semievergreen.
If this is coming down from above, then on a strict interpretation it does not rise to more than 2 m above the ground and is not a shrub. I think it fails the nuisance tree definition.
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