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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 tree which is a foot or so from the boundary with my

Resolved Question:

I own a tree which is a foot or so from the boundary with my neighbour. I have just returned home to find that they have cut the overhanging branches back to and past my boundary. I would have expected my neighbour to ask me before doing this, so am even more annoyed at their cowardly actions. The tree in question has had 3 of its main trunks cut at a diameter ranging from 3 to 5 inches. These trunk branches are at least a foot or 2 from the boundary. As well as the tree now looking unaesthetic and lop sided, I am also concerned about it listing of their was a strong wind as the roots don't seem very deep. I have asked a tree surgeon to inspect it for safety reasons. The trunk branches may have been cut from hanging over the anointing fence but not sure, what are my options?
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.

Alex Watts :

Just to be clear they have not just cut up to the boundary but beyond it?

Customer: Definitely past boundary.
Alex Watts :

Ok - then this is criminal damage and you can report this to the Police.

Alex Watts :

In terms of the overhanging parts on their land - they dont need your permission for that.

Alex Watts :

They own the airspace above their boundary line and if the tree overhangs they can cut it to the boundary without your permission

Alex Watts :

They should, oddly offer you back the cuttings

Alex Watts :

But if they have cut back past the boundary then this is criminal damage and you can report this to the Police.

Alex Watts :

The Police can prosecute them for criminal damage and if guilty can get a criminal record.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If I did pursue the criminal damage option, and my neighbour is at fault (and her father who did it, who does not live there) what are my options, and what is the likely outcome. I know there are not many specifics, but what would be the generic outcome.

Alex Watts : Warning, caution or couy,
Alex Watts : @ court @
Alex Watts : Does that help?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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