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MatthewM1117
MatthewM1117, Advocate
Category: Law
Satisfied Customers: 1410
Experience:  Expert
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I have a neighbor who do want to cut the tree that is

Customer Question

Hi
JA: Hi. How can I help?
Customer: I have a neighbor who do want to cut the tree that is falling into our side.
JA: Where are you? It matters because laws vary by location.
Customer: do not want to cut the tree
JA: What steps have you taken so far?
Customer: I leave in Borehamwood
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes, I have spoken with her and she said that we can cut the tree but she do not want to pay for it. In that case I have said that we will pay for it
Submitted: 17 days ago.
Category: Law
Expert:  MatthewM1117 replied 17 days ago.
Good morning thank you for contacting Just Answer my name is***** am a practising solicitor with several years experience and I will be assisting you today. Please note that this is a Q and A platform and no lawyer client relationship is created. I am sorry to hear about your issues with your neighbour, has the tree fallen into your boundary?
Customer: replied 17 days ago.
We have contacted the specialist to cut the tree and the will cut almost all tree up to the height of our fence. We are worried that she will change the mind. Our fence is holding the tree and our another tree but we are going to cut it on Monday.
Customer: replied 17 days ago.
almost all tree is on our boundary
Customer: replied 17 days ago.
can you pleaase let me know if we can cut almost all tree that is on our side?
Customer: replied 17 days ago.
sorry, I prefer by text.
Expert:  MatthewM1117 replied 17 days ago.

Thank you for the clarification, if the tree base is in your neighbours garden it is there responsibility you can remove the benches and roots that fall within your boundary. If you are unable to do this yourself, you can pass the cost onto the neighbour, you should be aware that you should not destabilise or kill the tree.

Customer: replied 17 days ago.
sorry, if you can not let me know in writing, this is not correct. buy
Expert:  MatthewM1117 replied 17 days ago.

Have you read my above answer? I am happy to provide a written response.

Customer: replied 17 days ago.
NO
Expert:  MatthewM1117 replied 17 days ago.

If the tree base is in your neighbours garden it is their responsibility, you can remove the benches and roots that fall within your boundary.

If you are unable to do this yourself, you can pass the cost onto the neighbour, however you should give them opportunity to do this first.

You should not trim the tree to the extent that this destabilises or kills the tree.

Customer: replied 17 days ago.
sorry, I just seen your answer
Customer: replied 17 days ago.
the tree is not healthy and she do not want to pay for it. I have said to her that I will pay for it.
Customer: replied 17 days ago.
We are going to cut my big tree that at the moment is holding her tree. On Monday we are going to cut it. and the specialist said that my neighbor tree will fall in to my garden.
Customer: replied 17 days ago.
she do not understand this situation
Expert:  MatthewM1117 replied 17 days ago.

Thank you for the confirmation, if the tree does fall onto your land your neighbour is responsible for ensuring trees which lay on their property do not cause damage to a neighbouring property.

Customer: replied 17 days ago.
Can she sue me if I cat the tree?
Customer: replied 17 days ago.
sorry, cut the tree
Expert:  MatthewM1117 replied 17 days ago.

If the tree falls into your boundary any part that overhangs can be cut down, but you should return these to your neighbour as the tree owner.

Customer: replied 17 days ago.
I do not want to wait until her tree will damage my garden
Customer: replied 17 days ago.
shall I send you a picture of this tree? I can do it now.
Expert:  MatthewM1117 replied 17 days ago.

Yes you can.

Customer: replied 17 days ago.
File attached (S61167Z)
Customer: replied 17 days ago.
File attached (5SLQZ5V)
Customer: replied 17 days ago.
File attached (316L6L5)
Customer: replied 17 days ago.
File attached (74LV1T2)
Expert:  MatthewM1117 replied 17 days ago.

I appreciate the photos, the issue is that you will need permission from the neighbour before crossing any boundary line to trim the neigbours tree. You can only trim the tree that falls within your boundary.

Customer: replied 17 days ago.
We will do it only from our side, as you can see all tree is is on my side
Expert:  MatthewM1117 replied 17 days ago.

Then your neighbour can have no complaints and certainly cannot sue you as long as you return the branches.

Customer: replied 17 days ago.
thank you for your advise.
Expert:  MatthewM1117 replied 17 days ago.

Glad to be off assistance, we wish you all the best going forwards.