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Ask ivorylounge Your Own Question
Category: Property Law
Satisfied Customers: 33378
Experience:  Barrister at Self Employed Barrister
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The neighbour to the rear of my property as planted a apple

Customer Question

The neighbour to the rear of my property as planted a apple tree a few years ago it is now some three metres high the branches are into the roof and gutters of my free standing brick garage winch was built at the same time as the house. The tree approximately one metre from the foundation of the garage what is my legal position
Submitted: 2 years ago.
Category: Property Law
Expert:  ivorylounge replied 2 years ago.
If the tree is causing damage or stretches within your property (as you state onto the roof/guttering) then this is a trespass and is actionable in law. He is potentially liable to make good any damages or losses suffered by you - you are entitled in any event to cut down and return any branches which stretch into your land - if you are concerned about damage to your property then you should formally write to the neighbour putting him on notice that you will seek recompense and also potentially for him to move or cut down the tree.
Expert:  ivorylounge replied 2 years ago.
Hi I hope that this helpsPlease can you rate positively - thanks - happy to still help