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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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After planning permission, my neighbour has recently built

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After planning permission, my neighbour has recently built a large new extension near the boundary and it is now positioned under a tree that grows from my side. The neighbour says that the tree is damaging the roof on his new extension and that I should trim the tree at my own expense. The tree was there before the extension. Is it my legal responsibility to keep the branches away from his new extension. I have asked him to trim the branches on his side at his own expense and that he should now manage this on-going issue himself.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether the neighbour new of the branches and what they were doing, before the extension pleasea

The tree was growing in the existing position before the extension was built, so it is reasonable assume that the neighbour knew of the branches.

Alex Watts : Indeed. In that case they come to the nuisance, so they can hardly claim loss and damage.
Alex Watts : The way it would happen is this, in theory you would be liable for loss and damage as your tree caused it.
Alex Watts : But if it went to court and they sued, a court can reduce any award for contributory fault. That is obviously they knew about it n the award can be reduced up to 100%
Alex Watts : Therefore in theory they could claim but in reality if they knew about it, it's their own fault.
Alex Watts : Can I clarify anything for you about this today please?
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