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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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There is an Ash tree in my neighbours back garden sited immediately

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There is an Ash tree in my neighbours back garden sited immediately adjacent to my border, about 30% of the tree which is now approx 40 ft high, is overhanging my garden. Do I have a right to request that which is over my garden be cut down either by me or my neighbour.
I understand that the tree has apotential height of 85 ft and spread of 65 ft.

Hello. Yes, you hav a right to cut the overhanging branches back to the boundary line, but you should ensure you offer the branches back to the neighbour as they are their property. Practically, it would be better to ask your neighbour to arrange this, but you have every right as overhanging branches are technically a trespass. If you do it and want your neighbour to pay, you must consult them first and ask them to do the work. If they refuse say you will do it, but send them the bill. If they refuse to pay the bill, you would have to take them to court. In most cases, people just pay for it themselves, to avoid the cost and stress of an argument. Best, WB

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