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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 5842
Experience:  English solicitor with over 12 years experience
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I would like legal advice about a tree in the neighbour`s

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HiI would like legal advice about a tree in the neighbour`s garden that could touch the brick wall of my house. I am worried that the tree will cause damp and damage to the wall. my wall is only reachable from the neighbour's garden.
Customer: replied 3 months ago.
the photo shows the tree in question. my house and its wall is on the right. sometimes the braches touch my property. is my neighbour responsible to trim it back? How far should the braches be away from the wall?
Customer: replied 3 months ago.
Same tree from a different angle. The neighbour's is the big one in the photo. It's branches tend to extend such that it starts to touch and cover my law. The two properties are not detached and there is access path in between the properties.

Hello,

I would suggest that you ask your neighbour to trim back any branches overhanging on to your side of the boundary. If they do not do so, you may trim them yourself and give the cuttings back to your neighbour as the cuttings belong to them.

May I help further? If not, please leave a positive rating.

Customer: replied 3 months ago.
Did you see from the photos that I cannot access the tree and therefore I could not trim the branches? And the neighbour will not want to do this? You did not answer my key question specific to my property.

There is no set distance as to how far the branches need to be away from your property, the law says that any branches encroaching on your land should be removed from your land if you want them to be removed. If your neighbour refuses to act, you may complain to your local council or go to court for an order against them. They would be liable for any damage to your property caused by their tree.

I hope this clarifies.

I have just seen your negative rating, I hope my clarification helps and that you will change your rating. Thank you

Customer: replied 3 months ago.
Will the tree branches touching the wall of my house constitute enchroacing my property?

Yes they will and need to be trimmed back by your neighbour.

All the best. Please remember to change your rating kindly.

Do you need further advice please?

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