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MatthewM1117
MatthewM1117,
Category: Property Law
Satisfied Customers: 650
Experience:  Expert
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My neighbor has leylandii hedging at the side of my house,

Customer Question

my neighbor has leylandii hedging at the side of my house
JA: Where are you? It matters because laws vary by location.
Customer: marton in middlesbrough
JA: What steps have you taken so far?
Customer: none we are quite friendly but we arehave noticed the concret path near the house has wide cracks and gaping by the side of the house the trees are just a few feet a way iwas wondering if i should ask if he would remove them
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not really i did ask him a number of years ago if he would cut thr trees down he said i could bot not to low my daughter and her husband helped do this but thay are still quite high we are pencioners now so if theres a problem we need to solve it while we can without a lot of trouble and upset
Submitted: 10 days ago.
Category: Property Law
Expert:  MatthewM1117 replied 10 days ago.

Good afternoon, thank you fro contacting Just Answer my name is***** am a solicitor and I will be assiting you today. Are the trees overhanging into your land?

Customer: replied 10 days ago.
No we trim them twice ayear
Expert:  MatthewM1117 replied 10 days ago.

Thank you for the confirmation, can you clarify your question?

Expert:  MatthewM1117 replied 9 days ago.

Good afternoon can you provide some further information so that I can advise you further, is the question relating to the damage the roots of the tree are causing?

Expert:  MatthewM1117 replied 9 days ago.

In respect of any branches or roots to growing over into your boundary, these amount to a nuisance and trespass. The overhanging pieces can be chopped off as can roots growing underground but they do not belong to anyone other than the tree owner, so the pieces should be given back or an agreement be made with the neighbours to dispose of the branches or the roots.

If you are not capable of doing this yourself or do not want to do it yourself, you can charge the neighbour for the cost of doing the work provided you give the neighbour noticed that if they don’t trim it, you will have to get someone in to do it.
You are not allowed to kill the tree or cut the routes back so far that you destabilise it.

The following are links will give you some reading with regard to high hedges and nuisance trees.

http://www.gardenlaw.co.uk/trees.html
Hopefully, I have answered your question in a way that is simple and easy to understand.
I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

Customer: replied 8 days ago.
thankyou your advice is noted but the problem is underground im not surtain if the roots will be damaging the path and cousing problems the path is about 3ft wide the path comes from the wall of the house to the boundery then the trees would this cause unsettling of foundations and could i ask for him to remove the trees
Expert:  MatthewM1117 replied 8 days ago.

You can ask them to remove the trees, however the adjoining land owner cannot be forced to remove the trees, if the trees amounted to a nuisance the land owner could be forced to reduce the size of the trees to 2 meters high.

Customer: replied 8 days ago.
i do understand that its the fact the roots of laylanii spred so much if thay are causing the path to crack thay may damage the drainage pipe which is there could i ask for help with the cost to make good
Expert:  MatthewM1117 replied 8 days ago.

You can request this form the adjoining land owner, however there is no legal obligation to do so in addition, it is likely that the land owner would require evidence that the spread of the roots had caused the damage.

Customer: replied 3 days ago.
Told me things I all ready new so was no further forward.had £5 pay £5 to get no answers only hope I canceled the monthly membership
Expert:  MatthewM1117 replied 3 days ago.
Good appreciate your feedback, I can only advise on the law from the facts provided. I have no control over billing or payments however customer services will be happy to assist you.