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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10547
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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3/4 of a neighbours tree is over my boundary can I cut it down

Resolved Question:

3/4 of a neighbours tree is over my boundary can I cut it down even it reduces the height
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Legally, you are entitled to cut off any branches which overhang your boundary line, provided you return the said branches to your neighbour (normally done by throwing them back over the boundary).

You are permitted to take such action even if it reduces the tree's height.

Please note that if the tree is subject to a Tree Preservation Order, you are not permitted to lop the branches without the consent of the Local Authority.

From a practical point of view, I would always recommend that you speak to your neighbour before you take any action, in the hope that matters can be resolved amicably.

I hope this assists you and sets out the legal position.

Kind Regards
AL
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