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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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Trees were planted on our land 50 years ago. Our neighbour,

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Trees were planted on our land 50 years ago. Our neighbour, 20 years ago build an extension next to the border of our land without consulting us. The neighbour is now threatening legal action because the roots are affecting their property!
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. Tempting as it is to so to say to the neighbour that the trees were there first and they shoudl have taken that into account in building their extension it may well not be advisable. If your trees are damaging their property then there may well be an action they could bring against you in nuisance or negligence. The consequences of his could be very expensive fro you. Is there evidence that this is the case? If not you need to work out the situation. So, perhaps you and your neighbour could jointly commission a surveyor with expertise in this to come and carry out an inspection to ascertain if there is damage being done and suggest remedial action. If you have household insurance this expense may be covered. You may also need to tell your insurers about the threatened action.
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Customer: replied 1 year ago.
Thank you for your advice. You've answered my question. Much appreciated.