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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My problem is an oak tree in my neighbours garden,it has

Resolved Question:

Good morning my problem is an oak tree in my neighbours garden,it has been planted too close to my boundary,the tree is around 25 years old and now becoming too big which will only get worse.the deeds to the property state that tree should be planted one and half Meters from our boundary,this tree is only half a master,can I make my neighbour comply with the deeds and move the tree
Submitted: 7 months ago.
Category: Property Law
Expert:  Ash replied 7 months ago.

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

May I ask why you haven't done anything about this sooner?

Customer: replied 7 months ago.
We haven't any problems in the past ,a few years ago they allowed me to cut the tree right back at my expense,i have fenced my property with in my boundry with concrete posts and gravel boards and new panels up to the back of the house,leaving three and half old panels down the side,the posts were wood and rotten,they asked me to take the rotten fence down which I did,they asked me to replace this with new fencing,i refused and said a 1 meter wire fence would suffice as I've already spent more than enough, they have put new fencing down the side which I agreed to and its on my property, problems have started since then, these are new tenants,who have been here for 1year and friends of the landlord.
Expert:  Ash replied 7 months ago.

Ok - you have spoken with the Council and they confirm that there is no TPO

You should now get a survey done about what damage (if any) the tree has caused or may cause and recommendations.

Then you can present this report to your neighbour and ask them to carry out the work.

If they refuse then you can issue Court proceedings to implement the recommendations.

You can then present the report to the Judge which you have had prepared and request a Court order in the same terms.

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

Customer: replied 7 months ago.
Can you tell me if the deeds have any bearing in this.
Expert:  Ash replied 7 months ago.

Yes if it is encroaching because it is YOUR land.

Does that clarify?

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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