How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Anthony Chendo Your Own Question
Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2112
Experience:  Solicitor at BLM
106282438
Type Your Law Question Here...
Anthony Chendo is online now

My back neighbour is being unreasonable by demanding that we

This answer was rated:

My back neighbour is being unreasonable by demanding that we have our leylandii trees trimmed down. We are not causing any structual damage to his property as he has wrote in a letter posted this morning. He is threatening us that he will appoint a tree surgeon to undertake the work and force us to pay the bill in a legal way to enforce it.. I can provide pictures to prove that no damage is being caused by the fir trees.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Uk-england
JA: What steps have you taken so far?
Customer: Called CABS , I have ended up with your contact amongst others
JA: Anything else you want the Lawyer to know before I connect you?
Customer: This neighbour all of a sudden wants immediate action from us and is being really cheeky and demanding

Hello

Welcome to JA.

I am sorry to hear about your situation.

Please note that this is not a chat service therefore you may experience delays but i will respond within 24 hours.

The law states that if your tree causes damage and or your branches overhangs onto his property then he arguably has a cause of action against you.

That said if there is no evidence of this, then i suggest you warn him to stop such actions and if not you will apply to the local county court for a civil injunction. This is a court remedy that orders the man to stop such conduct and failing to do so can amount to a criminal offence.

However, before you do this, send the neighbour a cease and desist letter to warn him of your intentions unless he stops.

Please give the neighbour 14 days to stop the conduct.

You can obtain a “cease and desist” letter template from https://www.lawdepot.co.uk/. That said you can a draft letter by your self too but ensure you make it known it is a cease and desist letter and he stops the conduct(ensure you spell out the conduct too) in question. Further it will be wise to remind him that his conducts falls within the definition given within Section 1 of the Protection from Harassment Act 1997 which is as unwanted conduct designed to cause the victim alarm or distress”. Hopefully the letter may well be enough to stop the conduct as an injunction is a serious legal remedy.

Assuming the conduct continues after you send the letter then it would be up to you whether you want to apply for the injunction. My advice be to instruct a local solicitor to assist you with completing the relevant forms. Alternatively you can return to JA and open a new question and i or one of the other experts can assist you with regards ***** ***** the relevant forms.

I hope i have clarified the position, if not please let me know.

Thanks and stay safe.

Anthony Chendo and 2 other Law Specialists are ready to help you