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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6822
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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My new neighbour insists that I remove all overhanging

Customer Question

My new neighbour insists that I remove all overhanging branches from my birch. The council says they knew about the tree when buying the land from us - it is almost on the boundary. We have removed some lower branches, but removng them all would ruin and likely destabilise the tree. What can I do?
Submitted: 1 year ago.
Category: Property Law
Expert:  Michael Holly replied 1 year ago.

Whilst what the council say is accurate it does not represent the law and the neighbours are entitled to ask you to remove all over hanging branches notwithstanding that the tree was there first.

I understand your concern about both the look of the tree after and the possibility of de stabilising it.

I think I would get ask a tree surgeon to look at the tree under the guise of getting a quotation and ask for an opinion.

If the tree surgeon indicates that I might de stabilise the tree I would go back to the neighbour and tell them . I appreciate they are probably concerned about getting more light in garden etc. but I do not suppose they want a birch tree landing in their lounge anytime soon..

I hope this helps. If there are any further points please reply I will be happy to respond.

Best wishes

Michael

Customer: replied 1 year ago.
The advice about the tree surgeon was ok, but it's already been done. Photos prove that most of the shade in their garden comes from their own or another neighbour's trees and if the tree were destabilised, it would land in our garden, not theirs. I guess we have done everything possible and there is no other advice that we can get.
Expert:  Michael Holly replied 1 year ago.

Sorry, but if trees which originate in your garden encroach on their garden , whether it be branches or roots, they are entitled to either ask you to trim them or do it

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