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.
Thank you. The tree therefore is own in common, ie you both own it if it is on joint land and straddles the boundary
This means it can't be removed without BOTH parties permission
So yes you need his permission to cut it down
Can I clarify anything for you about this today please?
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?
To prune up to the boundary you do NOT need permission as long as it does not kill the tree
So no, you dont need permission to tidy up YOUR side
You will need permission to tidy up HIS side
And yes the same applies to shrubs
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