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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 13639
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Morning Just a quick note regarding the tree by the garden

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MorningJust a quick note regarding the tree by the garden fence, we have concerns that the tree is over hanging quite a lot over our garden. Please could you have a look at this and arrange any required pruning etc to take it back to the boundary.ThanksVeda and Neilesh
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have just received the email above.
JA: Where is the property located?
Customer: Can my neighbor force me to trim / prune the tree?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that is it thanks

Hi,

Thank you for your query. Kindly explain the situation further. Is this your tree which is overhanging the neighbours roperty?

Customer: replied 10 days ago.
Correct. The tree is on my property but overhangs the boundary.

Hi,

If that is the case, then the neighbours can request that you prune the tree. If you do not, they can cut any branches overhanging their property and throw these over the fence to your side for you to dispose of.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 10 days ago.
Thank you. Am I under any obligation to cover the cost incurred by my neighbor in pruning the overhanging branches?

Hi,

There is a chance that the neighbour can recover these costs from you in the county court if you do not agree to cover the costs.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

if you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 10 days ago.
Under what circumstances would my neighbor be able to cover costs?
Customer: replied 10 days ago.
Would you suggest that we respond giving the neighbor permission to prune and that any overhanging branches can be thrown over the fence for us to dispose of.

Hi,

Yes, I would suggest that would be the most cost effective solution.

If they were to get someone in to cut it, they could recover the costs incurred.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

Many thanks

Customer: replied 10 days ago.
Hi, I am still unclear - am I obliged to trim the tree? If I am not, how can they recover costs through the court?

Hi,

You can offer that they prune it themselves. If they wish to get someone I to do it, they could recover the costs of it from you as it is your tree.

If they chose to do it themselves, there would obviously e no cost and you would have to agree to dispose of the limbs.

In the event that they get someone in to cut it, regardless or not whether youbhave offered that they cut it themselves, they can potentially recover the cost of this from you.

I hope this clarifies matters. If so, kindly rate the answer and provide feedback.

if you have any further questions, please do not hesitate to ask.

many thanks

Customer: replied 10 days ago.
This would appear to contradict other advice I have had on the matter which stated that I was not obliged to contribute to this cost

Hi,

Can you direct me to the contradicting information you have seen?

Customer: replied 9 days ago.
http://www.problemneighbours.co.uk/problems-with-neighbouring-trees-action-guide.html
Customer: replied 9 days ago.
If you choose to cut down overhanging branches, or trim trees, you will have to pay for the cost of doing so yourself. Try speaking to your neighbour however as you may be able to reach some sort of agreement in relation to any gardening work required, though they are not obliged to contribute to this cost. Note that you are not entitled to access to your neighbour's property to enable you trim the branches on your side of the boundary without their permission.

Hi,

Can you kindly provide more details about your circumstances. Is there any issue of the tree blocking the neighbours light or causing any damage to their property?

I will then review and revert back to you.

Customer: replied 9 days ago.
Hi,
No the tree is not blocking light or causing damage.

Hi,

Okay. I will review and revert back to you shortly.

Customer: replied 9 days ago.
Thank you. My neighbors have a tendency to be a little litigious so would like to have a solid understanding on my position before I take any further action.
Customer: replied 9 days ago.
Hi, did you manage to review the information I sent?

Hi,

I have now taken some time reviewing this and some of the articles on the matter.

The general consensus is that if the neighbour can prove that the tree or other foliage is causing damage or restricting light, any costs involved in cutting the trees of foliage cant potentially be claimed from the infringing neighbour.

If there is no such issues, the neighbour can cut the limbs and throw them over the fence for you to dispose of. If the neighbour chooses to instruct someone to cut the limbs for them, they cannot compel you to pay for it unless you come to an amicable arrangement regarding the costs.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

 

INC Law and other Law Specialists are ready to help you
Customer: replied 9 days ago.
That’s great thank you! I appreciate the extra effort you went to

It's a pleasure.

Good luck.