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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice.
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My neighbour wishes to cut back foliage and branches from

Customer Question

My neighbour wishes to cut back foliage and branches from his bushes and trees which overhang my boundary fence.
I don't want this to happen.
He maintains that, as they are his property (true), he's entitled to cut back whatever he wants.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Do they over hang onto his property?
Customer: replied 2 years ago.
No. The trees etc are on his land, growing adjacent to our boundary fence. He's having them all cut back on his side and wishes to cut my side back as well.
Customer: replied 2 years ago.
Is anybody there?
Expert:  Remus2004 replied 2 years ago.
Yes, I'm here.
Yes, he is right. If they are on his side then I'm afraid they are his and he can do as he wishes.
That is always supposing that the roots are fully on his side of the fence. You seem to accept that they are.
If it were your foliage then that would be different.
Sorry if that is bad news but, come what may, what grows on his property belongs to him.
Can I clarify anything for you?