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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The neighbours beech hedge/ Trees were planted against panelled

Resolved Question:

The neighbours beech hedge/ Trees were planted against panelled fence, we have continually asked for them to trim away from and to top of fence (6ft) They have ignored this, the panels have now been pushed out, and have broken, the tree trunks have expanded to break through the panels.
All of their other 3x boundaries have been kept neat and tidy at 4ft aprox.
We are also losing light.
We want to replace the fence with a new one, but don't want to cut the trees and get into trouble.
The builder says he cannot replace fence without removing tree trunks and roots, which have also caused drainage damage.
What can we do, where do we stand in law.
We have contacted the council to see if they can give us advice.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

It sounds like you may need an injunction to make the owner trim or remove them

Alex Watts :

You need to write and ask that the trees are dealt with, give the owner 14 days or say you will go to Court.

Alex Watts :

If he does nothing the go and see a Solicitor to get them to write a letter giving 14 days or else.

Alex Watts :

That will cost you but it may do the trick and get the neighbour to do something

Alex Watts :

If not then you will need to go to Court.

Alex Watts :

Your Solicitor would need to issue a claim using form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court would then consider an injunction to make the owner remove or cut down the trees

Alex Watts :

Clearly he can also be liable for the replacement fence cost too

Alex Watts :

If you have to pay for a Solicitor then if you win you should be able to claim those fees back

Alex Watts :

If the neighbour does not comply with the Court order this is considered contempt

Alex Watts :

The neighbour can be warned, fined, sent to prison for all.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

We are wanting to replace the fence, as we are waiting for the builder to start, he says he cannot replace the fence without removing the trunks as they have grown to thick to replace panels, we are willing to pay for the new fence.

Alex Watts :

Yes of course. You may just need an order making him remove the trees

Customer:

Can we remove the trees without his permission, if we take photographs etc, and give back the trees, as long as we cause no damage to his property.

Alex Watts :

No.

Alex Watts :

If they are on his land or you will kill them - no

Alex Watts :

That would be criminal damage

Alex Watts :

You can only get a Court order

Customer:

They have broken through panels, and seem to be planted at an angle, and are more growing through on our side than his.

Customer:

Thankyou for your help

Alex Watts : Yes but you can't remove the trees, you need a court order
Customer:

I understand, many thanks, XXXXX XXXXX for your help in this matter, it is very frustrating, as he keeps all of his other boundaries in immaculate condition.

Alex Watts : yesorder yes.
Alex Watts : yes
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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