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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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A neighbours trees are overhanging my drive. I asked

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A neighbours trees are overhanging my drive. I asked for them to be cut back to the boundary late last year but nothing happened. I intend asking again but wish to check how I stand. They are too high for me to attempt. "Are they responsible for keeping them cut back to the boundary?
1. Dear *****, Yes, your neighbours are responsible for keeping the trees which grow in their land cut back to the midpoint line of the boundary between your property and theirs. However, the law, when granting a remedy to you, does not force your neighbour to cut them back. Instead the law gives you a self-help remedy if you wish to cut them back. You have to cut them back yourself, or leave it as it is. The law will not grant you an injunction to force your neighbour to cut them back. Instead the onus is placed on you, to hire a cherry-picker or some such help, to cut them back, should you wish that they no longer overhand your drive.
2. Accordingly, should you wish that these trees no longer overhang, you will need to make arrangements to have them cut.
3. However, you are able to cut them back to the midpoint of the boundary without any objection.
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