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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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our neighbour has a conifer tree which towers above the house;

Customer Question

our neighbour has a conifer tree which towers above the house; it is within 2 metres of our property and is causing concern re structural damage (potential). The neighbour rents the property and is an absent landlord; we have obtained quotations to remove the tree and have advised him that we are willing to pay for its removal, but he will not reply to our calls and/or messages. Where do we stand.

Thank you.
Lisa
Submitted: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 years ago.
Hello. I'm afraid you are not entitled to cut down or remove the tree without the neighbouring owner's consent. To do so would be criminal damage. You can cut any branches overhanging your boundary, however, and technically you can cut any roots coming into your land, but if it will kill the tree to do so, that could cause problems if the tree then fell over and it could be shown you caused it by cutting the roots. If you are worried about damage, all you can really do is keep writing and calling nil he responds, keepig copies of all letters sent, and sending them by registered post. If then damage is actually caused to your property, you can sue the neighbouring owner for that damage, and show the court all the letters as evidence you did your best to prevent the damage before it arose.
Expert:  wingrovebuyer replied 4 years ago.
Hello, please leave a rating or I don't get paid for helping you but you are still charged.