If you're a landowner, the law says you have the right to the ordinary use and enjoyment of your land. Damage caused by tree roots could be an issue with a legal remedy, but it would not give you the right to cut down your neighbour’s tree.You are, though, within your rights to dig up and remove any roots that have encroached on your land.“The successful outcome was entirely due to the way Hayley managed this matter and I am so grateful.”.Woodcocks Haworth and Nuttall is a trading name of WHN Solicitors Limited which is a company registered in England and Wales with number 11177391.
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Unless he applied at her request as it benefits her eg gives her more sun, and if there has been a verbal agreement in the past that she would share the cost if he applied for its removal, then in the normal course of events, the neighbour would not have to pay anything.The bamboo on our side of the fence has overgrown into the neighbours yard over the last how many years.You can give them notice under the Fencing Act that you want to build a fence and asking them to pay half of the cost. Should she have to pay anything towards the cost of removing the tree. Question: My neighbour and I are on the verge of taking a dispute over his hedge to court. You may wonder what you can do about it, given that the trees do not belong to you.
Here Hayley Wharton explains why.It’s always best to try to reach an amicable resolution by speaking to your neighbour direct about issues such as problematic tree branches.This is because legal disputes can become expensive, cause significant bad feeling and ultimately reduce the value of your property.The conveyancing process means you must declare any problems you have had with your neighbours, and clearly a prospective purchaser of your property could be put off by a history of disputes and poor relations.If attempts to negotiate a solution fail, the law is very clear: since the tree belongs to your neighbour, you can’t chop it down.If you cut branches or remove a tree on your neighbour’s property, this is trespass and he or she may have a claim for damages covering the cost of replacing the tree with a mature one, as well as any remedial clearing, planting or landscaping work.However, you are within your rights to lop off any branches that overhang your property, up the boundary fence – though you are obliged to offer your neighbour any cut-offs. An arbitrator will impose a solution.
Your local council will be able to supply you with details of its policy.Some councils will also supply information on tree care and will give names of recommended arboriculturists.If your tree is creating problems near a road or public land, the council can issue a notice ordering you to remove or trim it. My brother than asked if he wanted the branches back.the neighbour said we could throw them over. These trees are behind this neighbour's house and behind their garage so they don't see them at all. If you do choose this option, you must do no more than is necessary to abate the nuisance. These trees are totally unnecessary. ".Whichever approach you take, stick to the facts, don't dwell on past failures to sort the problem out, and don't be rude or abusive.If the problem affects other neighbours, involve them as well. If they stand firm on not doing anything, suggest that the trees might make good shelter for when you next have a BBQ, or that the base of them might make a good place to pour away unwanted weed killer etc, but without actually threatening anything. The grass along there grows like mad, it's constantly damp, never dries out and needs cutting about twice a week. If your neighbour does not agree to have the problem resolved, you can apply to a district court for an order for removal or trimming.If you have incurred costs in cutting back the roots and branches on your side of the boundary, you probably will not be able to claim them back from the tree owner.But if the roots of your neighbour's tree have damaged your drains or a branch falls on your house, they will probably have to pay. Registered in England. My mum broke her back recently and I been trying to help but I haven’t been feeling well since October last year. You can make a complaint form if the hedge is ALL of these:You will need to ask for a complaint form, and you might have to pay the council a fee to consider your complaint.
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