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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25486
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can I cut back conifers, in my neighbours garden, immediately

Resolved Question:

Can I cut back conifers, in my neighbours garden, immediately adjacent to the boundary fence - some 600mm of the offending trees, 2 in number, intrude over my garden
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that you are seeking to cut back branches overhanging your garden please?

Customer:

The trees are about 3.5 m tall - I would like to cut the down to about 2m as the are shading my garden in the afternoon

Joshua :

Thanks. So it is a question of wanting to both cut back overhanging branches and reduce the height of the trees?

Joshua :

Regarding the height have you asked the neighbour if he would agree to this?

Customer:

Yes

Joshua :

Thanks. Regarding the height have you asked the neighbour if he would agree to this?

Customer:

Yes

Joshua :

Thanks - sorry may I clarify is that yes, you gave asked him or yes you have asked him and he will agree to reduce the height?

Customer:

Yes, I have asked but my request has been refused

Joshua :

Thanks. In respect of the branches overhanging your garden this is straightforward in that you can simply lop these back providing you return the material lopped off to your neighbour as it is his property.

Joshua :

In respect of the height, there is provision in the Anti Social Behaviour Act for a council to be asked to inspect a "hedge" which is defined as being made up of two or more evergreen trees or shrubs. The council can inspect and order that the hedge is reduced in height to 2m. This does not mean that the hedge will be ordered down to 2m. The officer has some discretion in the matter but they can order for it to be reduced down to 2m

Customer:

But what about reducing the height

Joshua :

Principally you will need to show that the hedge is causing a significant loss of "reasonable enjoyment" of your property.

Joshua :

To invoke the above process you can contact the councils environmental department who can send you a form to make the application.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

Joshua,

Customer:

That's fine, thank you

Customer:

Regards,

Customer:

David

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua and other Property Law Specialists are ready to help you

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