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Category: Law
Satisfied Customers: 650
Experience:  Expert
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Our neighbours want to prune our tree overhanging branches,

Customer Question

Hi, our neighbours want to prune our tree overhanging branches, do they need to obtain the planning permission?
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, did not talk to solicitor. is your service free of charge by the way?
JA: What steps have you taken so far?
Customer: applied for TPO but it was rejecreted, due to lack of their capacity to check the private gardens.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: how much is the lawyers service?
Submitted: 12 days ago.
Category: Law
Customer: replied 12 days ago.
Our neighbour is annoyed with our monkey puzzle tree cones dropping the needles ( tree is more than 40 years old, it was on our property before my husband bought it). The photo is tree with neighbours semi side, their car
Expert:  MatthewM1117 replied 12 days ago.

Good morning, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. To clarify, the tree is on your land however the neighbours would like to cut back the branches overhanging into their garden?

Customer: replied 12 days ago.
Good morning Matthew, thanks for supporting me. Yes it is on our land, and neighbour wants to prune it...
Expert:  MatthewM1117 replied 12 days ago.

I presume you do not wish to consent to the pruning?

Customer: replied 12 days ago.
We feeled abused so no consent, she sent a Notification that the tree surgeon will come next saturday
Customer: replied 12 days ago.
2017 she started to chop the roots that interfered with her lawn. Then she chopped 10 branches, 3 were thrown back to our garden ( I wrote all this to TPO officer and our council, no support)
Expert:  MatthewM1117 replied 12 days ago.

Thank you for the confirmation, this is a common occurrence between neighbours however that being said the matter still needs to be dealt with.

In regard to branches and roots growing over boundaries this can amount to a nuisance and/or trespass onto a neighbours land. The overhanging pieces can be chopped off as can roots growing underground but they do not belong to anyone other than the tree owner, so the pieces should be given back to the tree owner although an agreement can be made for them to be disposed of by a specialist.

Consent is only needed to trim trees which are protected by a Tree Preservation Order and a licence may be needed to fell trees which are not protected by a TPO, however this does not appear to be the case here.

Your neighbour is not allowed to kill the tree or cut the routes back so far that the tree becomes destabilised.

I understand that this is not the answer you are seeking however I can only advise of the facts from the information provided.

Customer: replied 12 days ago.
Thank you Matthew!
Expert:  MatthewM1117 replied 12 days ago.

Glad to be off assistance, I wish you all the best going forwards (sorry it was not better news).