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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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Next to my drive there is a patch of land, owned by Hampsire

Customer Question

Good afternoon. Next to my drive there is a patch of land, owned by Hampsire CC with some trees - coverfed by a TPO. These trees, plus some holly bushes/blackberry bushes are overhanging the drive, causing problems.
The first problem is that the it is over 30 years since my property was built, and in that time the tres have grown from sapling to mature trees.
The second is that the plant growth is pushing up against the fence, which now needs to be replaced.
Finally as the blackberries and Holly produce their fruit, this is falling on my car causing damage.
I spoke to the council, and they stated that "they like to view themselves as responsible neighbours, and no they would not cut the trees back b ecause the damge/risk of damage was not deemed to be severe enough". Is there antythong I can do to force them to take action? I did see a post on a forum suggesting that overgwoning branches could be viewed as trespass, bu that seemed odd.
Submitted: 11 months ago.
Category: Law
Expert:  Buachaill replied 11 months ago.

1. Dear Adrian, in relation to overhanging trees, the law gives a self-help remedy. The law allows you to cut back the trees to the midpoint line of the boundary and thereby avoid any tree coming into your land. It also gives you the right to cut back the roots of any tree to the midpoint line of the boundary as well. These tree-cutting operations have to be carried out at your own expense and you must place the cut tree branches back in your neighbour's land once cut.

Expert:  Buachaill replied 11 months ago.

2. There is no such thing as a legal action to compel your neighbour Hampshire CC to cut back their trees. YOu must do so yourself and at your own expense.

Expert:  Buachaill replied 11 months ago.

3. Whilst overhanging trees are technically a trespass, there is no such thing as a legal action in trespass to get them cut. So, you should hire someone who will cut the trees for you.

Expert:  Buachaill replied 11 months ago.

4. Please Accept and Rate the answer as unless you Accept and Rate the answer your Expert will receive no payment for answering your question.

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