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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My neighbour has a cherry tree which has grown disproportionately

Resolved Question:

My neighbour has a cherry tree which has grown disproportionately to the size of our respective gardens. The trunk of the tree now crosses the boundary of our properties and bows the fencing. Additionally all the major roots of the tree are on my side of the fence and make the border, where the roots are, totally unmanageable. I know I have the right to remove the roots to the boundary but if I do this the tree is likely to fall down and I understand I would be responsible for any resultant damage. Please can you help me with my options - ideally the tree needs to be removed
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello.I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

You are right n that you can remove any branches, roots etc that protrude into your garden. But if this leads to the tree collapsing and causing damage you could liable for consequential damage.

Customer:

Thank you for your reply. The tree roots and the trunk are a significant nuisance to my enjoyment of my garden and as mentioned the trunk of the tree now abridges the boundary of the property - what options do I have?

Expert:  wingrovebuyer replied 2 years ago.
Hello. My colleague has opted out. The advice he gave is correct, and so your options as I see them are: 1. Speak to the neighbour and ask them to agree to the removal of the tree, or 2. Get a tree surgeon out and ask him to see if he can remove the branches and roots without killing the tree. He may or may not be able to do this or 3. Remove the roots and branches yourself, being aware of your liability if you kill the tree. I suggest option 1 is best if possible becuase you can remove the whole tree. Hope this helps. WB
Customer: replied 2 years ago.

I've had it confirmed by a Tree Surgeon that removal of the roots on my side will probably kill and destabilise the tree. The neighbour does not want to lose the tree. What options do I have to force removal of the tree

Expert:  wingrovebuyer replied 2 years ago.
To force it, you'll need a court order. You will need a solicitor to applyfor it, on the grounds of trespass and damage to the fence. I suggest you write to the neighbour first, saying you require the removal of the tree, and you want their written confirmation within 14 days. Say that if they don't confirm, you will instruct a solicitor to get a court order for the removal of the tree, plus costs. If they don't agree, your only option ks to proceed to court. Expect to pay at least £3,500 plus VAT but the court may order your neighbour to pay all orsome costs back.
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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