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Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My neighbour is planning to build an extension or conservatory.

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My neighbour is planning to build an extension or conservatory. One wall will be along the dividing fence behind which in my garden a cherry trees grows quite close. Whwn building the footings for the wall there will most likely be damage to, if not removal, of the roots of that tree.

What are the implications

wingrovebuyer :

Hello. The neighbour is entitled to remove roots from the tree, on their side, but they will be liable if they kill the tree in doing this, so they must only remove roots carefully and only in so far as is necessary. Also, have you considered if the Party Wall Act applies?

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