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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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My beautiful, 70 yr old rose tree, in full bloom, has been

Resolved Question:

My beautiful, 70 yr old rose tree, in full bloom, has been chopped bare by my neighbour. This tree belonged to my grandmother, and so is very dear to me.
The cottage next door is up for sale, hence the frenetic plant trimming. The ownen, which unfortunately included my climbing rose. The very least he could have done was to come and discuss. He went way over my boundary.
I sent the owner, via Knight Frank, an email asking to discuss. No reply. I then sent a letter - again he has ignored the fact that this is his responsibility. I am furious, where do I go from here?
Looking forward to hearing from you, Judith Robinson
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear Judith, your neighbour could cut back the rose tree to the mid point line of the boundary. However, any cutting which occurred on your side of the boundary, such as here, is unlawful and you are entitled to compensation for the damage caused. In essence you own anything growing in your property, including the rose bush. Your neighbour is entitled to cut back any overhanging plants or rose trees to the midpoint line of the boundary. Beyond this, it is unlawful to cut anything.

Expert:  Buachaill replied 1 year ago.

2. At this stage, if your neighbour is refusing to acknowledge correspondence from you, I would suggest you send the owner a solicitor's letter calling upon him to compensate you for cutting your rose tree.

Expert:  Buachaill replied 1 year ago.

3. Be aware that ultimately, you can sue for the damage caused here. You will get compensation for the damage caused. However, it would be better if you could negotiate a figure with your neighbour.

Expert:  Buachaill replied 1 year ago.

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