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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice.
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Good Morning - We have a large garden which spans several neighbour

Customer Question

Good Morning - We have a large garden which spans several neighbour property borders
the border has mature trees and hedging which we keep under control ourselves and with tree-surgeons from time to time - One of our neighbours chopped down some large overhanging laurel in his garden (which of course we have no problem with)then threw all the branches and debris over the fence back into our garden which took me half a morning to clear and take to the green waste disposal - Apart from being extremely bad manners and un-neighbourly I would like to know if it is legal - Thank you
Patricia (Cheshire)
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Just to clarify, do the trees belong to you please?
Customer: replied 3 years ago.


Yes they are our laurel trees/hedging - We are perfectly aware they can chop down overhanging branches - what I would like to know is - is it legal to throw all the branches and debris over the fence into our garden for me to clear up of which there was a large amount or is this fly-tipping or tresspas ??


Thank you

Expert:  Remus2004 replied 3 years ago.
Thanks

If the trees belong to you and the only cut off the overhanging branches, whilst he has not been particularly polite or neighbourly with this, he is absolutely right in what he is done.

It would have been nice if he had given you notice first or asked if you wanted the pieces but he is not entitled to keep them because they do not belong to him and to do so is theft.

He actually has a claim against you in trespass for the overhanging branches and if he had to employ someone to remove them, he could actually ask you for the costs.

But when he threw the branches over he caused any damage, he is responsible to pay for the damage.

I am sorry of this is bad news

Can I clarify anything for you?

Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you - I am surprised but as you say the method was very impolite - I guess that is modern-day life! Thank you

Expert:  Remus2004 replied 3 years ago.
Sadly it is!

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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