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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There is two large ash trees in the neighbours garden taller

Resolved Question:

There is two large ash trees in the neighbours garden taller than my house and we'll over hung in my garden I have had a quotation to prune it back problem is the trunk overhang is so large just to cut it could cause the tree to become unstable. I have discussed the problem with the owner even offered to pay half to have the tree pruned all the round but she is having none of it. Can I take legal action to make her prune the tree not only on ground of Tort of Nuisance but for the obstruction of light ?
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 : Why can't you just prune back to the boundary line please?
Customer: This is possible but the tree surgeon needs access to the tree and Consent from the owner is not given access from my side is almost impossible without either a cherry picker or scaffolding the tree trunk overhang is too thick high and too large this would cost an extra £400 on top of the £ 500 already quoted which I begrudge when it's their tree and they won't allow access for the men to prune for health and safety, also I am worried that only to prune one side would make the tree uneven unstable this is what the tree surgeon has informed me so he can't prune right back to my boundary which means next year when it grows back another expense. I have spoken to the owner even offered to go halves to have the tree done all round but the don't want it touched and keep telling me it's preserved but I have checked with the council and it is not
Alex Watts :

This is potentially called the tort of nuisance

Alex Watts :

You need to write and request they cut the tree back within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

You are asking the court for an order that they cut back/prune the tree

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is allocated to the small claims track you wont need representation. If the claim is allocated to another track then you will need representation for the final hearing.

Alex Watts :

You wont get legal aid for this but if you win then you can ask the Court for your costs back

Alex Watts :

Can I clarify anything for you about this today please?

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