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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice.
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I have a conifer hedge which does overhang a neighbours

Resolved Question:

Hello. I have a conifer hedge which does overhang a neighbours garden. Do they have a righy to ask me to go round and trim the overhanging branches? I note the comments regarding falling leaves on a neighbours property stating they cannot insist on the tree owner to clear them up.
Thank you.
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.
No, they can't although it would be neighbourly of you obviously.
What they can do is cut them down themselves as long as they return the leaves to you to avoid conversion.
The risk though is that they may instruct somebody else to do it for them and sue you for the costs. He would have to show that they was essential and for some reason he couldn't do it himself but that is a risk.
Otherwise though nobody can force you to go round there and do it for them if you refuse.
Can I clarify anything for you?
Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Jo for your answer. When they last did it themselves they threw the branches into our garden and damaged some of our plants. This action resulted in an argument ending with my wife in tears.

Regards

Malcolm

Expert:  Remus2004 replied 2 years ago.
Well, they would be liable for any damage to plants.
I wouldn't expose yourself to being sued just because there was a row last time which made your wife cry.