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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Our rear garden overlooks a river and our side neighbours

Customer Question

Our rear garden overlooks a river and our side neighbours tree has many branches within a few feet of our rear border completely booking our view of the river. Can we cut them down ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

It is bad news I am afraid - you have no right to cut the branches back UNLESS they are actually coming over onto your land.

Your only option is to try and discuss the issue with your neighbours and hope that they will agree

Please ask if you need further details

Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi claret. .We have also built a decking 6 metres wide by 8 metres long on our rear garden. The hight for the first 6 metres is no more than 30 cm above the original ground. However the last 2 metres we have extentended and is on stilts above our concrete jetty which we would normally access by climbing down some steps and is 1 metre below. The whole structure is a level surface and we have done this to extend the length of the garden as this was an unused space
Our neighbours to the right have similar decking although they did not have a jetty underneath. Did we need planning permission ?
Expert:  Clare replied 1 year ago.

If the height is above 30cms at any point then yes you do

Customer: replied 1 year ago.
what should we do now as we were misinformed by our builder. Do you suggest we apply through council planning or wait 4 years and hope nobody complains.
Expert:  Clare replied 1 year ago.

legally of course you should apply - and I can only give you the legal position