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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice.
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If a neighbour disagrees to having an overhanging Leylandii

Customer Question

If a neighbour disagrees to having an overhanging Leylandii hedge which is intruding into
A neighbours garden by 3 to 4 feet cut back to the boundary line and a new high fence put along the boundary because he believes it will kill his hedge side, what is the law?
Please do not answe this question until I know the cost.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
You need to email customer services here***@******.*** about the cost. We are never involved in that.
I don't think it is any more than the sum you have paid but I never use the site from your side.
Customer: replied 2 years ago.
The cost on the website says £26
Expert:  Remus2004 replied 2 years ago.
You will need to ask customer services about that. I am never involved in that.
Customer: replied 2 years ago.
Will do and will come back if I can
Expert:  Remus2004 replied 2 years ago.
OK.
I will be here.
Customer: replied 2 years ago.
I am back my understanding is £26
Expert:  Remus2004 replied 2 years ago.
I am sure that is right.
Are you asking what action you can take?
Customer: replied 2 years ago.
Yes please
Expert:  Remus2004 replied 2 years ago.
Can you still reach the overhanging branches?
Customer: replied 2 years ago.
No it is far to big, I have a tree surgeon and fencer standing by, it is very high maybe 8feet plus but intruding in my garden by 3 or 4 feet plus, it is brown my side with bit of green along the side, it is also at least 26 years old.
Expert:  Remus2004 replied 2 years ago.
You do have the right to cut down any over hanging branches but it is more complicated than that here.
Generally speaking the self help remedy applies to people who can cut down the branches themselves without causing any cost. You are not in the position and tree surgeons can be an onerous cost. It doesn't change your rights basically but it does mean you have to take warning steps.
I would write to him making clear that his tree is overhanging your boundary fence and if he does not resolve this in 28 days you will employ the services of a tree surgeon and sue him for the cost. I realise you may have said similar things but it is important to reduce it to writing so that you can prove it.
28 days gives him long enough to make arrangements. If he does not act then instruct a tree surgeon and sue him here
www.moneyclaim.gov.uk
You might want to get at least two quotes so that he cannot say you have chosen the most expensive.
Can I clarify anything for you?
Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
No that is very much what I discovered
On the Internet. I am not interested in claiming against him unless I am really pushed. Would rather pay for it myself. As an elderly woman
I could do without the hassle,
But really cannot live with this monster of a hedge which is spoiling my otherwise lovely garden
Thank you for you help
Mary
Expert:  Remus2004 replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.
Thank you so much, professional lady
Expert:  Remus2004 replied 2 years ago.
You are welcome.

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