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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice.
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What are my rights concerning a 20ft Leylandii hedge that overhangs

Resolved Question:

What are my rights concerning a 20ft Leylandii hedge that overhangs my garden throwing a shadow across my garden for most of the day?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

How has he managed to cut his side down to 6 feet would not your side?

Will he allow you to cut your side?

Would he allow you to reduce the height?

Have you already removed the overhanging branches?
Customer: replied 3 years ago.


He will allow me to cut the trees to six foot on my side. The problem i'm 77 and to do the job I would require a chainsaw and using the saw from a ladder is too dangerous.

Expert:  Remus2004 replied 3 years ago.
You can ask your local council to intervene on this and they can bring an action under the Nuisance Tree Legislation as the trees are evergreen. Unfortunately, they want a fee of approximately £300 for starting the process and you will not necessarily recover that.

For that reason, it may be cheaper for you to pay someone to cut the trees for you although the branches that have been removed do belong to the neighbour!

The trees are a nuisance and there is no reason why you cannot claim the cost of having the trees cut down from the neighbour but if the neighbour will not pay for it you are faced with going to court.

Can I clarify anything for you?

Jo
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