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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbour's fir free which is very near the boundary

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Hi, My neighbour's fir free which is very near the boundary line is so tall, I am afraid when the winds are strong it can fall on to my garden and damage my kitchen extension. It is as tall as the upper floor flat. I have asked the owner, who does not live at the property several times verbally and in writing requesting them to cut it - not the whole tree but they can reduce it in height - but I am getting nowhere. What can I do? Any advice is much appreciated!
S de Thabrew
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.For now please let me know if you have had a survey done of the tree?Alex
Customer: replied 1 year ago.
Dear Alex, Does the answer you gave (have you done a tree survey) only cover the first £32 I paid? I expected a bit more than that. Sorry but can you email me and give me even a little advice as to what I can do about it? Many thanks. Sharmini
Expert:  Ash replied 1 year ago.
No, its one off fee for the whole answer, but I cant give you that without knowing whether or not you have had a survey.
Customer: replied 1 year ago.
Thanks, ***** ***** have not done a survey.
Expert:  Ash replied 1 year ago.
You need to get a survey done regarding the tree, then you both know where you are when it comes to the safety and likely risk. If the survey says there is no risk, then there is nothing you can do. If the survey says its a risk then you can ask that it is taken down or reduced in height.If the neighbour refuses then you can seek a Court order for this. You would need to use form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfThe Court would list the matter for hearing and decide whether to order the tree is reduced/removed. If the Court does and he refuses this is contempt of Court which he can be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Dear AlexMany thanks for your answer which is very helpful. I will get a tree survey done and then I know where I stand. Thanks again. Sharmini
Expert:  Ash replied 1 year ago.
Good luck SharminiAlexIf this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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