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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10457
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My neighbour has cut back the branches of a tree growing on

Customer Question

My neighbour has cut back the branches of a tree growing on my property and has thrown the branches into my garden. he did not tell me he was intending to do this. What are my options@
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi, thanks for your enquiry. Provided your neighbour has only cut any branches hanging over his side of the boundary, I'm afraid he has not committed any legal offence. The law is that this act is permitted, provided the neighbour hands back to the owner the cut branches. I admit it would have been a neighbourly act to give you prior notice, but is not a legal requirement. I am sorry this is not the answer you were looking for, but it sets out the legal position. If I have answered your question, I would be grateful if you could rate y answer. Kind Regards Al

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Customer: replied 1 year ago.
I was under the impression that, although the neighbour is able to cut down the branches on his side of the boundary and must off them back, I do not have to accept them and can ask him to dispose of them. To just tip them into my garden could be classed as fly-tipping. Would be grateful for your thoughts
Expert:  Aston Lawyer replied 1 year ago.

Hi, the neighbour is meant to "pass the branches back". If for whatever reason, this is not possible, leaving them in the garden is acceptable I'm afraid. Kind Regards Al

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