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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.
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.
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.
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