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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I moved here 2 years ago. My neighbour's bay tree was

Resolved Question:

Hi, I moved here 2 years ago. My neighbour's bay tree was planted close to my fence 30 years ago. As were his other trees. The base of it's trunk has broken through the base of my fence (broken the base timber completely) and the bottom of the trunk is encroaching on my side. The home survey pointed out that it was at risk of undermining my foundations. My neighbour's response was 'nonsense, the roots don't reach that far". To be fair the bay tree's branches don't quite reach my back wall.
I asked him last year and the year before to remove it. His comments yesterday were "surely you can't expect me to cut down a perfectly healthy tree". When I said that the branches of his other trees were overhanging by 5' his response to that was "don't you like trees?". He said he would ask a tree surgeon friend of his but I have no confidence that he will remove the offending tree or branches.
I would like to write him a letter stating clearly that I want him to remove the bay tree which clearly staes our rights and responsibilities, but I'm not sure of my legal position. I'm also fearful that it will spoil our 'polite' relationship.
Can you help me compose a 'legal' letter?
I'd be most grateful.
Many thanks
Martina
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Martina my name is ***** ***** I will help you.

What is it you want to achieve please?

Customer: replied 1 year ago.
Hi Alex, I gave all the relevnt information. I am unable to pay for extras. Please help me compose a letter to my neighbour as requested.
Many thanks
Martina
Customer: replied 1 year ago.
Hi Alex,
You have charged me £38 but have not provided me with an adequate response ad implied in your website.
You have now left me with the impression that the system is that you and the other solicitors will keep feeding me little carrots in the hope I will pay more and more.
I will not be paying any more so kindly give me with an adequate service.
Thank you
Martina
Customer: replied 1 year ago.
Hi Alex
I do not wish to speak to you on the phone.
Martina
Customer: replied 1 year ago.
Hi Alex,
As I am unwilling to pay any extra money I seems clear that you will not provide me with an answed as advertised. In this case please refund my £38.
Thank you
Martina
Expert:  Ash replied 1 year ago.

Hello Martina, apologies for the overnight delay.

Your letter would be along the lines of:
Dear xxxx

Further to our discussion regarding your tree it has become clear that the trunk is now encroaching on my land.

This in law is called Trespass and I therefore ask you to stop your tree coming onto my land.

You need to take steps to prevent this from happening as there is a risk that it will undermine my property. If this happens you are on notice that I will seek any costs of repair from you.

In any event you are not permitted to let any roots, trunk or branches overhang onto my property. You need to take steps to prevent this, otherwise I will seek a Court order to compel you to take steps to rectify this.

If you are in any doubt you are advised to seek independent legal advice.

Yours etc.

Does that clarify?
Alex

Customer: replied 1 year ago.
Many thanks for your suggstion for wording Alex,
Apologies for my grumpy messages but as there was no message to say what was happening after you left your message I thought I wasn't going to hear anything more from you.
Thanks again
Martina
Expert:  Ash replied 1 year ago.

I understand. Happy to help Martina. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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