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.
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