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Category: Property Law
Satisfied Customers: 33536
Experience:  Barrister at Self Employed Barrister
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A house at the rear of my property, which I own, has a row

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A house at the rear of my property, which I own, has a row of about 6 conifer trees at the bottom of their garden, they are well over 20 feet high and of course their branches overhang into 3 privately owned properties and are entwined through telephone wires from a nearby telephone pole. The needle drop from the trees is huge. Telephone wires have been taken down in the past due to heavy snow and ice on the tree branches.
The property which has the trees is a Council house.
Over a number of years I have tried to - communicate with the tenant, spoken to the Council Housing Department (as I see it, it is a Housing Management issue), communicated with the appropriate person in the Council regarding whether the trees come under the High Hedges (Scotland) Bill, but have been told that there is light coming through the branches so my case would not come under it.
Who is responsible for the pruning/maintaining these trees? The Tenant (who won't communicate with me), and who planted the trees in the first place; or the Council ?
In many ways the council should be dealing with your complaint - it is their tenant and thus this issue remains their responsibility. As frustrating as it is you are of course entitled in law to prune or cut down any branches which overhang into your property. Happy to discuss. Please rate positive.
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Customer: replied 2 years ago.
Thank you for your response. You have confirmed my view.
my pleasure