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Category: Law
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Assistant: How can I help? We have a tree issue in our

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Hi,
Assistant: Hi. How can I help?
Customer: We have a tree issue in our garden and was wondering if you had any advice on what we should do. Here are the issues :- 1) The tree blocks all natural light to our garden2) The branches overhang our garden and cost us a lot of money every year to
cut back.3) Some of the roots are in our garden which is causing a lot of problems.
The tree is taking all the water required to feed OUR flowers and trees and
therefore causing them to die. We do not want these roots
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no
Assistant: Where is the property located?
Customer: London England
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: We have asked the neighbour if we can cut the tree down to size but he refused

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

I recommend reporting the dispute to your local council and say that the neighbour's tree is affecting your property. The council should send someone out to inspect and they can tell the neighbour to deal with the tree. If the neighbour disregards ***** *****'s request then the best solution would be to apply to your local county court for an order and injunctive relief. However, before you do this, send the neighbour a letter to warn them of your intentions unless they deal with the tree within say 14-21 days.

Assuming they refuse, you will need to complete the attached form N208 and send to your county court with a fee of £308 payable to HMCTS. You can pay either by cheque or attend the court and pay at the counter. You should attach photographs of the tree and enclose a witness statement to confirm how the tree affects your property. A template statement is also attached. If the injunction application is successful you can ask for repayment of the fee from the neighbour.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction against the neighbour. The application would be made under the tort of nuisance in relation to their tree on their property. The order would force them to deal with the tree so that it does not continue to affect you.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 7 days ago.
We have spoken with our neighbour and he refuses to cooperate. The council would not get involved either. I do not want to pay court fees if I am fighting a losing battle. I just need to know my chances of sucess

If you have a report from a tree surgeon which supports your case then your prospects of success will be high and this would be worth pursuing. A report would strengthen the claim so it would be worth asking an expert to visit your property and do a report (which would assist the court when it decides whether to grant the order and injunction).

Jim1079 and 4 other Law Specialists are ready to help you