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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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After planning permission, my neighbour has recently built

Resolved Question:

After planning permission, my neighbour has recently built a large new extension near the boundary and it is now positioned under a tree that grows from my side. The neighbour says that the tree is damaging the roof on his new extension and that I should trim the tree at my own expense. The tree was there before the extension. Is it my legal responsibility to keep the branches away from his new extension. I have asked him to trim the branches on his side at his own expense and that he should now manage this on-going issue himself.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether the neighbour new of the branches and what they were doing, before the extension pleasea
Customer:

The tree was growing in the existing position before the extension was built, so it is reasonable assume that the neighbour knew of the branches.

Alex Watts : Indeed. In that case they come to the nuisance, so they can hardly claim loss and damage.
Alex Watts : The way it would happen is this, in theory you would be liable for loss and damage as your tree caused it.
Alex Watts : But if it went to court and they sued, a court can reduce any award for contributory fault. That is obviously they knew about it n the award can be reduced up to 100%
Alex Watts : Therefore in theory they could claim but in reality if they knew about it, it's their own fault.
Alex Watts : Can I clarify anything for you about this today please?
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