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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 11081
Experience:  Solicitor
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The property adjacent to our driveway to our garages has

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The property adjacent to our driveway to our garages has excessive overgrowth coming over their wall from their garden encroaching on access to our garage. (The overgrowth is in excess of 3 feet deep in some areas. When trying to back a vehicle down to my garage yesterday I discovered that the over growth is concealing a scaffolding pole which has been erected without our knowledge on our land to support a dangerous overhanging tree from the neighbours garden. It is clearly unsafe and we have not been asked for permission to : (a) access our property or (b) to erect such a device on our land. We approached the neighbour and asked them to get the tree to be made safe and arrange for the unruly trees / bushes and foilage to be cut back. They are not prepared to do anything so I said that if we were to remove the access foilage we would return the cuttings across the property border line for them to dipose of? Please can you advise where we stand on this - I have penned a letter to them in the hopes of resolving amicably but from prior knowledge and other dealings this will not work well.
The driveway is approx 4 - 5 car lengths long and we currently cannot access our garages. The expense of disposing of the debris would be costly - the previous owners were very good at maintaining that side of their wall.
Customer: replied 1 year ago.
Apologies - * their wall refers to our neighbours wall.

Hello my name is ***** ***** I will help you with this.

Just to be clear, if you cut anything back, will it render any item unsafe?

Customer: replied 1 year ago.
Hi Jaimie,No - we want to remove excessive foilage and branches from other plants which have become so unruly they impede access to our garages down the driveway. They have also erected scaffolding on our land without permission - to support a dangerous tree. I want to insist that this be removed and the tree be made safe from their property - no ours. The scaffolding is so concealed by the foilage - if we attempt to access our garage with a wide vehicle it is likely to potentially cause harm and / or damage to persons or vehicles accessing the buildings (this was the case yesterday when we discovered it)
Customer: replied 1 year ago.
The problems is two fold :1) they have had to trespass on our land to erect the scaffold pole with no permission, therefore no health and safety consideration2) They will not cut back the folage from other plants - when i said we would cut it back but return it to their property for disposal they have threatened me now (within the last 10 mins) with prosecution

What is it you want to achieve, so I understand?
I assume the scaffold has been there for some time?

Customer: replied 1 year ago.
We have no idea how long it has been there as it is concealed with over growth from their garden which they are refuting is their responsibility. It is supporting a tree which is unsafe and bothe the scaffolding and tree need to be removed and made safe respectively. I want to know if they refuse to remove the overgrowth which is extensive - some photos attached - who is responsible for removing the excessive overgrowth once we cut it back. We also want the scaffolding removed by a licences contractor but we are unwilling to bear the cost of the removal of both the scaffold and the debris. We are prepared to cut the intruding file he back.

Anything that comes over onto your land, such as overgrowth you are entitled to remove.

What you can't do is charge for it. But the law says you can cut it back and remove it.

In terms of the tree, the same applies - you can cut it back to the boundary as long as doing so does not kill the tree.

Can I clarify anything for you about this today please?

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