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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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At the bottom of my garden there is a very old oak tree approx

Customer Question

At the bottom of my garden there is a very old oak tree approx 200 years old and some 20 meters high which precedes the age of the houses that have been built. The tree branches do overhang my neighbours garden but is some 60 meters from the house. From what I understand my neighbour has the right to cut the overhanging branches back to the boundary. But what happens if they do this which unbalances the tree as its now lopsided and it falls down?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Yes this is correct. However they can't cut it back to an extent to damage or destroy it.
So if cutting it makes it unstable then they can't do this.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Can you give me a precedent for this or the clause in the relevant act. Also my neighbour is saying he has a right to light and rain on his vegetable patch. I thought the right to light relates to houses not gardens and rain is this true?
Expert:  Ash replied 2 years ago.
It comes under common law so no Act. But if its damaged it comes under the Criminal Damage Act. Right to light/rain only comes under houses yes!
Expert:  Ash replied 2 years ago.
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