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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9968
Experience:  30 years as a practising solicitor.
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My neighbours tree has branches overhanging our garden and

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My neighbours tree has branches overhanging our garden and cutting out light, also the roots are throwing up suckers in our garden and against our garage wall. Am now worried there will be suckers soon against our house.Have talked to my neighbours 5 times about this over the last 9 months. They say they will do something but nothing happens. I have been reasonable about this but am getting nowhere. I live in Scotland. What is my position in Scots Law in getting my neighbour to take action to resolve this. Help appreciated and await your comments. Douglas Thomson
Thank you for your question.

Legally this is what is called a common law nuisance. It may also be a breach of the title conditions for which you would have to check your title deeds.

In any event at first instance you get your solicitor to write a letter to your neighbour indicating that their trees are causing damage to your property and you will be holding them liable for the cost of remedying that damage.

If they ignore that letter then your remedy is to take them to court for an order making them take such steps as will stop any further damage.

You could also contact your local council to see if they will take action but whether they will varies from council to council.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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