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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our next door neighbour is refusing to trim his evergreen

Resolved Question:

Our next door neighbour is refusing to trim his evergreen trees which are causing real shading issues in our garden .Is there anything we can do. Pauline Noble
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 whether you have complained to the Council at all ?Alex
Customer: replied 1 year ago.
We have been to the council and shown them a copy of the letter I sent, and the reply we received, but they said as the properties are privately owned there was nothing they could do and advised us to get legal advice. Looking on the web site about evergreen trees etc it seemed to me as though councils could intervene, bi
Customer: replied 1 year ago.
But it seems not. Pauline Noble
Expert:  Ash replied 1 year ago.
Thanks. I did think the Council could take action. As such you need to write to the Chief Officer of the Council and make a formal complaint. That office will investigate the situation and whether or not the Council can take action.You will get a final response and if its against you then you can appeal to the Local Government Ombudsman. They offer a free and independent service at: www.lgo.org.ukYour other option is to sadly go to Court and seek a Court order. This could be expensive, but you would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfThe Court would list the matter for hearing and decide whether to make an order that the neghbour reduce the height. If the Court does and the neighbour refuses this may be contempt of Court which he could be warned, fined or sent to prisonCan I clarify anything for you about this today please?Alex
Expert:  Ash replied 1 year ago.
Thanks. I did think the Council could take action. As such you need to write to the Chief Officer of the Council and make a formal complaint. That office will investigate the situation and whether or not the Council can take action.You will get a final response and if its against you then you can appeal to the Local Government Ombudsman. They offer a free and independent service at: www.lgo.org.ukYour other option is to sadly go to Court and seek a Court order. This could be expensive, but you would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfThe Court would list the matter for hearing and decide whether to make an order that the neghbour reduce the height.If the Court does and the neighbour refuses this may be contempt of Court which he could be warned, fined or sent to prisonCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
What do you think the chances are that the council will take any action? The person I spoke to at the council said that as the properties were privately owned the council didn't get involved. The information seems a little confused. Pauline Noble
Expert:  Ash replied 1 year ago.
If it's a nuisance then the council can take action. In some areas high trees require planning permission. So it's possible and I would exhaust the council option
Expert:  Ash replied 1 year ago.
Does that clairfy?Alex
Customer: replied 1 year ago.
Hello Alex, Sorry for the delay in replying.. I have had some issues with my husband`s health and will have to put the tree situation on hold. My husband is 77 and I need to get his problems sorted out first. Can you therefore cancel my subscription and I will get back to you if I eventually am able to proceed. Sorry for this but it is beyond my control. Thank you, ***** *****
Expert:  Ash replied 1 year ago.
If I can ask you to contact customer services for subscription cancellations I would be grateful.I wish him a speedy recovery.
Expert:  Ash replied 1 year ago.
In the meantime I would be most grateful if you could rate my answer so that I am credited for my time spent with you.Thanks in advance and have a good weekend Pauline
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