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Hi, welcome to JA, I am Readylaw one of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.
Thanks for your patience and enquiry. I am sorry to hear what is happening I know things like these can be very distressing.
You are legally able to cut back the branches that hang over your property. You should be careful though that in doing so that you do not cut parts of the branch that hangs over your neighbours property.
The principle is the same with respect to the roots. Roots encroaching on your property can be removed. You cannot however cut the roots that are on your neighbour's side of the fence. The disadvantage to doing this though is that if by cutting the roots there is damage done to the tree, you could be liable for this. Additionally, if for example in cutting the root the tree falls and damages the neighbours house etc. you could be liable for this.
Perhaps an option would be to see if a root guard could be put in place or getting someone who is properly qualified to remove the root to assist. Additionally, your home insurance may have included legal expense coverage. The department may be able to assist you in having this issue resolved with your neighbour. I recommend therefore to get in touch with your insurers. This may be something that you are able to get assistance with.
Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
i apologise for my delayed response. Unfortunately I was away from the system today. Unfortunately I am unable to take clients on personally from this site. You may locate a local Solicitor here:
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