How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Michael Holly Your Own Question

Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6544
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
12609314
Type Your Property Law Question Here...
Michael Holly is online now

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: 6 months ago.
Category: Property Law
Expert:  Michael Holly replied 6 months 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 6 months 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 6 months 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions