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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. My neighbour has a large wide overgrown conifer (about

Resolved Question:

Hi. My neighbour has a large wide overgrown conifer (about 10 feet taller than the house) close to the boundary. Half of this tree is overhanging my land, and we want to cut it back to the fence. My neighbour says he is happy for t to be "trimmed", but wants green left on it. He says that once branches are cut of they do not regenerate on this type of tree, so the tree would be bare on my side. This basically means I will still have 2-3 feet width of branched overhanging. We want to go ahead anyway - legally can we still cut it right back to the fence line?

Also - as it is so tall, the tree-man cannot get near the top 10-15 feet of it, in order to reach the overhang. My neighbour refuses to let him climb the tree to reach this area.
Is there anything we can do?
Thanks for advice. Dawn
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Can you cut the overhanging parts without killing the tree please?
Customer:

Ok - thanks

Alex Watts : Can you cut the overhanging branches without killing the tree please?
Customer:

I can easily cut the overhanging branches - but have no idea of the effect this would have on the tree.

Alex Watts :

Ok - what you can do is cut anything that overhangs your land as long as you dont kill the tree

Alex Watts :

You may need to get a second opinion on this from a tree surgeon

Alex Watts :

Or get a tree surgeon to do the work.

Alex Watts :

Otherwise to get it cut down you are going to need a Court order.

Alex Watts :

Clearly there is a cost to this and you would have to pay for a Solicitor.

Alex Watts :

But I would get a second opinion first - you can cut it back that overhangs that is a cheaper cost.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ok. I will get a tree surgeon to cut back all the overhang. Thank you

Alex Watts : No problem all the best.
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