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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My absentee neighbours' house has now been put on the market

Resolved Question:

my absentee neighbours' house has now been put on the market after a number of years as a rental property - there is a leylandii tree in their garden which is now almost as tall as the houses and is approx 10 feet wide at the to and is encroaching onto my property by about 6 feet. I repeatedly asked, via their letting agent, that they do something about the tree last year but they procrastinated and prevaricated to the extent that the tree could not be legally cut due to bird nesting laws. Is there anything that I can do to legally to force them to cut the down to a reasonable size so that I can enjoy light in my garden again?
thank you
Colin
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Have you approached the Council at all please?
Customer: replied 2 years ago.
No I haven't contacted the council
Expert:  Ash replied 2 years ago.
I would contact the Council. They can tell you whether there is any issue with birding, but I have to say I have never heard of that before.
Many people have trees which are pruned, unless the birds are protected, I can't see what is stopping anyone trimming it.
That being the case you can ask the agents to do it or you will seek a Court order. If they refuse then you can issue proceedings for nuisance and to have it trimmed back. It would need to be against the owner of the property though rather than the agent.
You would need to complete form N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The matter would be listed and a Judge would decide whether to make the owner reduce it. Of course you could always get a Solicitor to write and ask the agents to cut it down after you have spoken with the Council, that may work too.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
no thank you - I will try the things you suggest - many thanks for your advice
Colin