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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice.
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Our boundary is a row of conifer trees,(written in the deeds),

Resolved Question:

Our boundary is a row of conifer trees,(written in the deeds), also written into the deeds we are responsible for maintenance of said trees. If the neighbour does not allow me access to maintain them, what do I do?
Also Is the overhang from the trees my land?

Thank you
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.

Why is he refusing access?

Are the trees wholly on your land?
Customer: replied 3 years ago.

the trees are wholly on our land. they are just awkward to deal with.

Expert:  Remus2004 replied 3 years ago.
Under the Access to Neighbouring Land Act the neighbour has to grant access to you for any work required to "preserve" your property. That includes trimming the trees.

If the neighbour will not grant you access my suggestion would be to get a solicitor to write to the neighbour threatening a court application and an application for court costs whereby you are applying for an injunction to compel him to give access under the Act.

If this goes to court, the court will grant access and you will get costs awarded against him.

If, once you get the injunction, he still refuses access you can refer the matter to the police and he will be arrested.

Can I clarify anything for you?
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