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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I Own a rental property with a small rear garden. At the bottom

Resolved Question:

I Own a rental property with a small rear garden. At the bottom of the garden there is a mature birch tree belonging to a neighbour. My current tenant is complaining at the lack of light due to the tree being in full foliage. Is the neighbour responsible for the tree, and can I request the trees removal at their expense?
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 : Is it just tall or overhanging please?
Customer:

The tree is both tall and overhanging.

Customer:

The tree is both tall and overhangs my garden. The neighbour has indicated to my tenant that they do not object to the overhanging branches being removed and disposed of at our expense. I wish to understand if it is the neighbour's responsibility, and can I legally demand the tree's removal.

Alex Watts : Overhanging you can cut back the parts that are on your side. But you need to offer the cuttings back and only cut what is overhanging.
Alex Watts : Do you have a right to make the neighbour remove it - no
Alex Watts : Planning permission is only required for a certain type of tree
Alex Watts : Is it the neighbours responsibility - no
Alex Watts : Sadly you can cut it and offer the parts back.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
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