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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 11551
Experience:  30 years experience in property law.
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If the trees are our property as stated in the deeds and are

Customer Question

If the trees are our property as stated in the deeds and are directly on the boundary line, is the overhang of the trees our land?

Thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  JGM replied 3 years ago.
No, that is not the case. The land under which the trees overhang belongs to whoever has title to that land.
JGM and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Just to clarify please.


The trees were planted on our land prior to our purchase of the property in 1998. Therefore we own the trees?? please answer that . it is written in our deeds clearly that we have to maintain ALL our boundaries, including where this row of trees are(on our land)


Do we have the right to maintain the said trees, even if this involves stepping on a small area 1-2 ft of our neighbours land, to be able to trim the trees? They have been asked for us to do this, but keep saying we cannot come onto their land. The land is part of a farm and stables, livery business. Please can we have the UK law on this.


Thank you.

Expert:  JGM replied 3 years ago.
Yes, you own the trees.

You do not have an automatic right to step on your neighbour's land for the purpose of maintaining the trees. You can ask for permission to do so. If they refuse then your remedy is to apply to the county court for an access order under the Access to Neighbouring Land Act 1992. You would have to establish to the court that the work proposed is necessary to preserve your land and property and that the work could not easily be done without access to the neighbouring land.

Here is a link that might help you:

http://www.problemneighbours.co.uk/acces-to-neighbours-land.html