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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32980
Experience:  Over 20 years experience
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A house at the rear of my property, which I own, has a row

Customer Question

A house at the rear of my property, which I own, has a row of about 6 conifer trees at the bottom of their garden, they are well over 20 feet high and of course their branches overhang into 3 privately owned properties and are entwined through telephone wires from a nearby telephone pole. The needle drop from the trees is huge. Telephone wires have been taken down in the past due to heavy snow and ice on the tree branches.
The property which has the trees is a Council house.
Over a number of years I have tried to - communicate with the tenant, spoken to the Council Housing Department (as I see it, it is a Housing Management issue), communicated with the appropriate person in the Council regarding whether the trees come under the High Hedges (Scotland) Bill, but have been told that there is light coming through the branches so my case would not come under it.
Who is responsible for the pruning/maintaining these trees? The Tenant (who won't communicate with me), and who planted the trees in the first place; or the Council ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
In many ways the council should be dealing with your complaint - it is their tenant and thus this issue remains their responsibility. As frustrating as it is you are of course entitled in law to prune or cut down any branches which overhang into your property. Happy to discuss. Please rate positive.
Thomas Judge and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your response. You have confirmed my view.
Expert:  Thomas Judge replied 1 year ago.
my pleasure

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