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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 has some trees growing on our borderline, but

Customer Question

My neighbour has some trees growing on our borderline, but on his property.
However the roots are growing through into my garden and within approximately 5ft of my house. I am worried about them causing substantial damage... I have tried talking to him, but he says the trees were there before me. What rights do I have?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.For now please let me know whether you have had a survey done at all please?Alex
Customer: replied 1 year ago.
no
Expert:  Ash replied 1 year ago.
You should get this done. This will set out if there is any risk and what level of risk. You can then ask the neighbour to trim the tree or do whatever is required in the surveyor report.If they refuse then you can get a Solicitor to write and ask them to carry out the work.If they refuse further you could seek a Court order. You would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16ahttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court would list the matter for hearing and decide whether to make the neighbour carry out work as recommended in the surveyor report.If the Court orders it and neighbour refuses this could be contempt of Court which they may be warned, fined or sent to prisonCan I clarify anything for you about this today please?Alex
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Customer: replied 1 year ago.
I wanted to know where I stood legally without going to further expense.
Expert:  Ash replied 1 year ago.
Happy to help and good luck. Alex