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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 823
Experience:  Experienced solicitor
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My neighbours have a tree which is encroaching on my property.

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My neighbours have a tree which is encroaching on my property. It is dangerous and leaning into my garden over the property line. They have refused to cut it back. Can I make them legally cut it back, or pay for someone to do it and then send them the bill?
Hello I am a solicitor with 20 years experience. I will try to answer this for you.
You can cut the tree back to the boundary line. But you must offer to return everything you cut off it.
If the tree falls and causes damage you can claim compensation for the damage done. It is much harder to do anything in prvate law before it falls.
However the local authority may be able to assist. The council has the power to deal with dangerous trees located on private land, when asked to do so by the owner of the tree or by a neighbour threatened by the tree. The councils powers are discretionary and intended to be used as a last resort. The council can serve notice on the tree owner to make the tree safe or if the tree is in imminent danger of causing damage the council can deal with it themselves. This also applies if the owner of the tree is unknown and can not be traced. The council can also recover expenses for the works from the owner or occupier.
This link will take yu the relevant statue LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976 - sections 23 and 24
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