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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am sorry to read of the above. May I confirm if you have notified or contacted the neighbour to request that they cut back or remove the overgrowing shrubs or whether you have notified them of your concern in regards ***** ***** damage to your property please?
thank you. The starting point is that your neighbour has no right to grow trees or shrubs over your land. This technically amounts to a trespass and you can require the neighbour to remove the shrubbery alternatively, remove it yourself without they permission providing you offer to return it to them.
If the neighbour refuses to do so, then you would have a cause of action available against them both in terms of the costs of removal and also providing you have previously notified them of your concern in respect of potential damage to your property, any subsequent damage which occurs if the neighbour does not attend to removal
naturally, in the first instance such matters are best approached amicably and informally, escalating gradually if and when necessary.
if the neighbour refuses to cooperate, the options available to you in terms of removal would be as above to remove the overgrowth yourself offering to return it to them or employ a contractor to do so and then subsequently looking to the neighbour for the reasonable cost of the same
I hope the above is of some assistance but if you have any further questions, please revert to me.
this was my presumption that the trees were planted on the neighbour's land and the above was based on that understanding. It is on this basis that you are required to offer to return the material you remove if you remove the foliage yourself. However as we have also discussed above, you can also asked the neighbour to attend to removing the same
I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.
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This sounds like a relatively positive outcome or at least a promising initial step
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