How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3653
Experience:  Two years conveyancing experience.
13113900
Type Your Property Law Question Here...
Alex J. is online now

My neighbour has removed a tree adjoining my property but left

Customer Question

My neighbour has removed a tree adjoining my property but left all the overhanging branches and spiky brambles on my roof. I asked his gardener to tell the owner/ developer who does not live there to remove them but I'm being ignored. Can I remove the branches and throw them back into his garden . I would not have to trespass nor would it harm or damage anything?
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
I am afraid you cannot do that, you would be perpetuating a nuisance and two wrongs do not make a right.
What you can do is say that if they do not come and remove the waste from your property, you reserve the right to have some do it for you and then take all action available to recover the cost from them (including suing them in the County Court). I would suggest you do this in writing and give them 7 days to do so.
I look forward to hearing from you.
Kind regards
AJ
Alex J. and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for this advice.
Another question for you.concerning the party wall of the same two properties.My neighbour has a raised garden 5ft high against the party wall causing serious damp problems inside my property.. He said it's my problem to solve and suggested I tank my side of party wall .Is he correct ?
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

Did you have a party wall agreement when he made the alteration?

Kind regards

AJ
Customer: replied 2 years ago.
The raised garden has been in place a long time,but it has been raised further by another18 inches as part of his re landscaping of garden.The developer bought his property 18 months ago and has completed a major renovation of the house and garden. The owner / developer was made aware of this problem when beginning his renovation and I was of the understanding it would be solved as part of the renovation and I would be happy to share the cost of sorting it out if wall needed any structural remedial work.
We have no party wall agreement
I purchased the property over a year ago and want to renovate it.
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

If your neighbours has caused the damage to your property by doing works to his, then he is liable to pay for it.

In all honesty the best thing you can do to at least establish whether he is at fault is get an expert opinion. Do you know a surveyor that could look at the problem and at least confirm the neighbour is at fault?

Kind regards

AJ

Related Property Law Questions