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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a small beech-type tree in middle of the front area

Resolved Question:

We have a small beech-type tree in middle of the front area between neighbour's and my property.
Tree was in fact planted by previous owner of my property before neighbour moved in.
I now wish to cut down said tree but neighbour is insisting he does not want tree taken down.
Do I need his permission to go ahead and cut tree down?
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 : For now please let me know who owns the actual land where the tree is?
Customer:

It is 'communal' . i.e. I own half and he owns the the other half. As such, he has been able to put down a length of paving extending about a third down his side. The tree is located on the midline of the strip of land. The land runs parallel to our individual front driveways.

Alex Watts :

Thank you. The tree therefore is own in common, ie you both own it if it is on joint land and straddles the boundary

Alex Watts :

This means it can't be removed without BOTH parties permission

Alex Watts :

So yes you need his permission to cut it down

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I believe the law allows me to trim/remove branches that overhang on to my side of the land. Do I require his permission to prune or tidy up the tree? What about the other 2 smaller shrubs straddling boundary?

Alex Watts :

To prune up to the boundary you do NOT need permission as long as it does not kill the tree

Alex Watts :

So no, you dont need permission to tidy up YOUR side

Alex Watts :

You will need permission to tidy up HIS side

Alex Watts :

And yes the same applies to shrubs

Alex Watts :

Does this help?

Alex Watts :

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


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