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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We moved into our present house three years ago. The neighbours

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We moved into our present house three years ago. The neighbours next door have a 30ft long conservatory which was erected unknown to our vendors while they were away. They subsequently planted cotoneaster, clematis, rambler roses to hide the eye sore. Over the last three years we have had the odd complaint about branches brushing against the glass and we have attempted to accommodate them as much as we can, digging up the clematis and making sure branches didn't go over their fence. They are now complaining that the cotoneaster is scratching the glass roof. Unfortunately, both my husband and I are elderly and there is no way we can reach the offending branches. We have frequently told the neighbours that they are more than welcome to cut back any of our trees that overhang their garden but as the glass house is so close to their fence there is no room for them to manoeuvre. What is our obligation and legal position on this? ( the cotoneaster is looking lovely !!! )
Hello my name is ***** ***** I will help you.
Why won't they cut it back in their side please?
Customer: replied 2 years ago.
As I have already mentioned the conservatory is about 1ft from their ( very dilapidated ) fence so there is no way they can squeeze through to reach anything. I have said more than once to them that we don't mind them cutting back any of our greenery that is bothering them on their side but because of this green house they have very little access to any overhang.
Is there no way you can cut it back, ie get someone to do it?
Customer: replied 2 years ago.
My question really is am I legally obliged to act on their complaint? If not, then I am not rushing out to get it done tomorrow! If they want it done now of course I can get someone to do it but they would have to pay for it unless you tell me the law is on their side. Gillian.
No you are not. If it is overhanging they can cut it back on their land, but you dont have to.
Can I clarify anything for you about this today please?
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