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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My question is there several large trees in my neighbours

Resolved Question:

Hi my name is*****
My question is there several large trees in my neighbours garden adjoining the boundary fence these conifers are now in the region of 40' high and the spread covers a 3rd of my garden, they are next to my outbuildings and I am worried that the roots could damaged my property, I have ask my neighbour in the past if he would keep the trees under control but he refuses to do anything about them. I,v checked with local Council and there is no TLO,s on the trees. Do I have to apply to the courts to make him keep the trees under control.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

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

Have you had a survey done at all please?
Alex

Customer: replied 1 year ago.
I am a professional builder and have had experience in the past of trees doing damage to buildings, but no I have,nt at this point had any tree specicalist look at the trees.
Expert:  Ash replied 1 year ago.

Ok. You should get a survey and this would deal with the actual or risk of damage. That is helpful because then if it goes to Court, you can rely on it.

Once you have the report you can share it with your neighbour and this will deal about what can be done.

But as for the trees anyway, anything which overhangs then you are entitled to cut back to the boundary line.

if the neighbour refuses to carry out the work then you can seek a Court order.

You would need to complete form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

Also form N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The Court will list the matter for hearing and you can use the report. The Judge will decide whether to make an order requiring the neighbour to carry out the work.

If the Court does and the neighbour refuses this is contempt of Court which he could be warned, fined or sent to prison

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Thanks but I am retired now and really do want to spend loads of money, trying to protect my property because my neighbour won,t do anything about this, do i really have to wait until any Damaged is done.
Expert:  Ash replied 1 year ago.

You need to see what the report says. If it says that damage could be done then you can take pre-emptive action.

But you cant do anything without a report

Does that clarify?
Alex

Customer: replied 1 year ago.
Sorry but plus if I cut back the over hanging branches this could make the trees unstable
Expert:  Ash replied 1 year ago.

Yes, you cant do that. You can only cut back to what is safe.

But you really need a report.

Does that clarify? Alex

Customer: replied 1 year ago.
Thanks can you give any idea what sort of cost I,m likely to incur.
Expert:  Ash replied 1 year ago.

£280 for the Court fee.

I dont know about the report- you would need to compare prices.
You may be entitled to fee remission for the court fees.

Alex

Customer: replied 1 year ago.
thanks for your help, but do you know if I could get any help money wise to do all this
Expert:  Ash replied 1 year ago.

It would only be the cost of the original report nothing else.

Sadly I can only tell you what the law is.

Can I help with anything else today please?
Alex

Customer: replied 1 year ago.
No, thanks for your help
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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