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 wingrovebuyer Your Own Question

wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
22732369
Type Your Property Law Question Here...
wingrovebuyer is online now

We have a problem with some elm trees which are growing

Customer Question

Hello, we have a problem with some elm trees which are growing within our legal boundary but which are also forming a canopy over a hedge of value on local authority land. Our boundary falls within the middle of the ditch upon which the trees are growing. We would like to have them removed in order to allow the hedge to flourish but the council have said we can only take them down to just below our fence. The roots are also extremely invasive and have small shoots growing from them.
Could you please advise whether we can remove the trees that are on our boundary? Many thanks in advance.
Submitted: 1 year ago.
Category: Property Law
Expert:  wingrovebuyer replied 1 year ago.
Hello. If the trees are on your land, they are your trees. Unless protected by a Tree Preservation Order, you can do as you please with the trees and you do not need the Council's consent to remove them. The Council would probably have mentioned any TPO, but you ought to check with them again as to whether or not this applies. Best, WB
Customer: replied 1 year ago.

Many thanks for your email, just to confirm there is no TPO as the trees are only dutch elm trees. Would you agree that elm trees do not constitute a hedgerow, in fact they cannot be classed as a hedge? Also as I understand it, a hedgerow of value by definition is a hedgerow that is over 30 years old whereas an elm tree can only naturally live to between 20 and 25 years and so cannot fall into the value definition if it were to be classed as a hedge and of value?

Expert:  wingrovebuyer replied 1 year ago.
I would agree that Elm trees are not hedges - I am really not sure why the Council is trying to dictate what you can and can't do with your on trees. They are not a hedge and they are not protected. I suggest you ask the Council to explain why, in law, you can't just remove the trees - I suspect they won't be able to do so, and you can then proceed knowing the Council will not take action. Best, WB
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
wingrovebuyer and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Good morning and thank you for your advice. I will drop the Council a line today incorporating your advice. Just out of interest, if you are able to provide a formal letter incorporating your advice, could you please let us have your details so that we can privately instruct you and perhaps give us an indication of your fee?

Expert:  wingrovebuyer replied 1 year ago.
I'm sorry, but it is against Just Answers rules to do this. However, I am sure a local solicitor would do this for you. Best of luck, and please do leave a rating. WB

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions