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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3694
Experience:  Two years conveyancing experience.
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I have a tree that overhangs my fence and encroaches into the

Customer Question

I have a tree that overhangs my fence and encroaches into the airspace above my neighbour's garden.

My neighbour is threatening to cut the tree back to remove the overhang.

What is the legal position on this and does my neighbour have the right to cut back the tree. Should I cut the tree instead if he asks?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

MY name is AJ and I will assist you.

Unfortunately if something encroaches from your land onto your neighbours land and effects their reasonable and quiet enjoyment of the land, it is potentially a private nuisance. Your neighbour would be entitled to cut it back and potentially charge you the cost of doing so it you refused to do it. Accordingly it would be better if you could agree with your neighbour that you take responsibility for it, that way you can ensure it is not cut back too far.

The only caveat to this is, I would recommend that before you do anything to the tree, you check with the council whether it is subject to a Tree Preservation Order as this may restrict what you can actually do to it.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

Thank you AJ.


 


Let me check this out a little further before getting back to you

Expert:  Alex J. replied 3 years ago.
Hi,

No problem.

I look forward to hearing from you.

Kind regards

AJ