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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Are you wanting to just cut the tree back please or cut it down altogether?
The tree is protected and I live in a conservation area of Edinburgh. I want to have the tree crown cleaned in order to reduce the amount of deadwood falling on the house roof, flower bed and the drive in order to allow better air flow through the crown which would reduce the "wind-sail" effect. At the moment there is one branch which is directly over my house and the tree surgeon has said he will remove the deadwood and shorten the offending branch.
My apologies I had not spotted that this relates to Scottish law. May I transfer this to the scottish section where one of my Scottish lawyer colleagues will be please to assist?
Yes - thank you
Thank you for your question.
If the garden is owned in common then both parties will invariably have to share the costs of essential maintenance and this will be a condition laid down in the title deeds for the properties.
If the titles don't provide a method for agreeing repairs and the repair is such that property or persons could suffer damage or danger if the work isn't done then you are entitled to get the work done and claim your neighbour's share. If the neighbour refuses to pay then you would have the right to sue in the court for recovery.
At first instance, however, you should check the provisions of your title deeds.
Happy to discuss further.I hope this helps. Please leave a positive response so that I am credited for my time.