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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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I need legal confirmation over a matter of a tree in my

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Hi.
I need legal confirmation over a matter of a tree in my garden.
If my neighbour trims overhanging branches from my tree, am I legally responsible for disposing of the branches or can I refuse to take them back if I don't want them?
The neighbours are insisting that we trim the tree for them as it is overhanging, can you confirm that I am not legally responsible for carrying out this work?
Thank you
Jo

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

You are not legally responsible for dealing with the overhanging branches or disposing of the branches. If your neighbour chops off the overhanging branches as he is entitled to then he has to offer them to you in case you want them. If you don't want them there is no law requiring you to to dispose of them. I am assuming in this answer that there is no structural harm being caused by the tree.

Customer: replied 1 year ago.
Thank you for your quick response. A new tenant has moved into the neighbouring property and their letting agent has stated the following:
"Branches that grow as to overhang a neighbours’ land are trespassing on his air space. The neighbour can chop branches back to the boundary but he has to return the lopped branches to the owner of the tree. It is possible that our landlord/owner of number 28 could sue the owner of the tree for trespass, nuisance or negligence."
We don't believe they can sue us for trespass, nuisance or negligence. The tree has simply overgrown it's branches and is not causing damage or threat to fencing, guttering etc.
Many thanks
Jo

They are not trespassing. A tree cannot trespass only people can.

The new tenant can chop branches back to the boundary but his obligation then is to offer you the branches, You do not have to accept them unless you want to.

They can only sue in negligence or nuisance if there is damage being caused,

Looking at your picture it looks like the sort of situation that exists in millions of neighbouring gardens up and down the country. There is no case against you.

Customer: replied 1 year ago.
Thank you.

Glad to have been able to help. I would be very grateful if you would please rate ,y answers as I will not get paid for helping you if you don't.

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