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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have trees on the border line between our front garden and

Resolved Question:

We have trees on the border line between our front garden and the neighbours front garden between our homes. Both houses are detached. The tree heights varied between 4m to 5m. The trees have been cut by the neighbour to 3m height approximatley without any consultation from ourselves. The trees are not specifically mentioned on our property deeds as the border line, but they clearly are on the border between the two front gardens. Question is, can the neighbours cut these trees legally without agreement from ourselves.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** 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 :

Who owns that border please?

Alex Watts :

Is it shared?

Alex Watts :

Has the neighbour cut the trees to your side of the border if so?

Customer:


Who owns that border please? The border is shared.






6:11 PM



Is it shared? Yes.






6:11 PM



Has the neighbour cut the trees to your side of the border if so? The trees trunks tops have been cut, i.e. the top 2 to 3m of each tree has been cut down, 5 trees in total.



Alex Watts :

Technically you both own the trees

Alex Watts :

But if he cut down anything on YOUR side then that is criminal damage

Alex Watts :

Further he can't cut anything down that would kill the tree

Alex Watts :

Because he would have to do that he would need your permission

Alex Watts :

Therefore he did need your permission to cut it down

Alex Watts :

Technically this is criminal damage

Alex Watts :

You can report this to the Police.

Alex Watts :

He could be prosecuted for criminal damage

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you Alex, your answer has clarified things. Have a nice evening.

Alex Watts : And you.
Alex Watts : If I could invite you to rate my answer before you go, if the system won't let you please do say.
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