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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 13125
Experience:  Barrister 17 years experience
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Next door neighbours tree is growing on the boundary and

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next door neighbours tree is growing on the boundary and branches are overhanging. The tree is growing in height year on year currently its 25 ft high. We asked if they could maintain the tree at 12ft high (currently its 25ft) and blocks natural sunlight when in leaf. They offered to use tree surgeon but we expect the surgeon will only trim
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: polite letter
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the tree could continue to grow to 25m-40m which with spread would encroach on both properties which are 6m from trunk

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  The ideal situation here would be if you could reach some acceptable solution with your neighbour about the height of the tree, such as maintaining it at 12ft high.  However, if that does not work, then your strict rights are to cut back any overhanging branches to the midpoint line of the boundary and to dig a trench along the boundary and cut the roots back to the midpoint line of the boundary.   However, given the height of the tree, an agreement would be more acceptable. .I would suggest that you get the authority from your neighbour to speak to the tree surgeon so you can instruct him in doing the work as well.  This is how you will get best results.  If necessary, offer to pay part of the costs of the tree surgeon.

2.  If you require any clarficiation or if there is any issue arising from the answer, I am happy to help further and provide further information for the resolution of your problem.

Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 17 days ago.
If left to continue growing, the tree will block out natural sunlight to our garden room (ground floor extension) and patio area which we use in the summer months and winter. The garden room has been there for over 20 years.