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Nicola-mod
Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 21
Experience:  Moderator
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Two leylander trees originally were wholly on my neighbours

Customer Question

Hi,
Two leylander trees originally were wholly on my neighbours side of the fence at the boundary, they have now grown and the trunk has pushed the fence,
Part of the trunk is now on my side
Can I cut or shave the trunk back to the boundary line so that I can reinstate the fence?
I beleive I can cut roots and branches, can I cut part of the trunk?
When does a trunk became a branch?
Thanks
Dear Reamous, reading your profile I am not sure it is your area
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Will shaving the trunk kill or damage the tree?

Customer: replied 1 year ago.
I don't think it will kill tree
But if it does in the future what does that mean
It is low down and partly trunk and partly root
Expert:  Ash replied 1 year ago.

As long as you don't kill or damage the tree you are ok.

If you do kill or damage it, that is criminal damage which you can be sued or prosecuted by the police.

Remember you have to offer back any trimmings you take as they are not yours.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
if I understand correctly,
I can shave or cut the trunk of the tree vertically,
I can do this because I believe it will not damage or kill the tree
But if the tree dies say in the future ( how long? ) , I run the risk of a criminal record
Even though I did not intend to kill it
Expert:  Ash replied 1 year ago.

Correct. Does that clarify? Alex

Customer: replied 1 year ago.
Sorry to ask again
Is it written anywhere, because everything I have read so far only says that I can cut roots and branches
Also does this tree, now that it is partially on my side become a shared ownership?
Thanks
Expert:  Ash replied 1 year ago.

No, it's not a joint tree. It started on your neighbours side. You need to get a tree surgeon to do the work as they are skilled.

It comes under common law so not written down.

Does that clairfy? Alex

Customer: replied 1 year ago.
I have understood you
I need to be sure you are right about me being able to shave/cut trunk,
Where can I see it written down
Pls
Expert:  Ash replied 1 year ago.

It's common law therefore it is not written down but accepted by convention. I indicated this above it was common law if you can see it. Alex

Customer: replied 1 year ago.
Sorry to ask again
But how does one know it is common law?
How do you prove that you are correct?
In saying I can shave trunk
Customer: replied 1 year ago.
I may be standing in front of a judge and I may need to show that I am allowed to cut the trunk
I cannot say Alex told me
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Hi Nicola
Thanks for communication
Yes please try to find someone that can answer
Thanks
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Dear Nicola
I am happy to wait another day,
Or alternatively you could if you prefer refund and close the question
Thank You

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