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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 4778
Experience:  Dual qualified Solicitor and Attorney
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For forty years I have had six trees at the bottom of my

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For forty years I have had six trees at the bottom of my garden close the property boundary. Neighbours moved in about six years ago to the adjoining property. They have now requested myself to trim the overhanging branches at my expense. Previously to this there has never been an issue. It is my understanding that this cost cannot be claimed off myself though the neighbour does have the right to trim these branches at their own cost. I made a good will gesture to share the cost, this has been ignored. As there is no precedent for them to recover these costs what is my legal position if they initiate a complaint to the local council. Thankyou
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Only a friendly exchange of text messages initiated by them requesting I pay for the branch removal ending with an offer from myself of £250 one off assistance payment without accepting any liability for the future. That is all.
JA: Where is the property located?
Customer: Sidcup, residential area
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That is all I can think of, I presume the neighbour is now initiating some sort of action likely with the local council. My research online has consistently resulted that they do have the right to trim the branches but no right to expect myself to pay for this.

Hi thank you for your message, they can cut back the branches over the boundary line but they cannot charge you for the cost unless your trees are causing damage to their property. If your trees are causing damage they could bring legal action for damages arising out of the "nusiance" caused by the overhanging branches. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 11 days ago.
When you state "causing damage" do you mean damaging their building or simply preventing them from enjoying the full size of their garden. The trees are definitely not causing any type of problem with their buildings, those are at the other end of their garden far away from my trees. The bottom of my garden joins the bottom of their garden.

I mean damaging their property such as uprooting their patio or something of that nature. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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