I live in London Borough of Barnet.Own my own property with garden.One tree in my garden grows by my neighbours fence.he states that the roots are affecting his garden fence so next week he will burn the roots ,cut the tree down and then I must have it taken away.he has previously cut the tree down without my permission.He has already left a threatening message on my ansaphone.What are my rights.many thanks Anna Dolanapd1only @hotmail.co.uk
System of Law: England-and-Wales
Phoned CAB no answer yet from phone line
Thanks for your question. Please remember to click ACCEPT once you get my answer.If the branches do over hang then he can cut those branches are they are on his property.But in terms of causing damage - he would need to get a surveyor report to assess this.If it turns out that it is the tree roots then you would be liable for any damage caused, as you would then know of the problem but not have done anything about it.However if the report states it does not affect the fence then he can not do anything.If he does anything to the tree on your side, this is considered criminal damage.He can not also do anything to kill the tree (on his side) as this is also criminal damage.But a surveyor report is needed to establish whether the roots would or are causing problems. Please remember to click accept so that I am credited for my time. Thank you.
In the mean time how do I stop him from doing this.I plan to speak to him shortly.I work long shifts as a nurse so Im away most of the day He knows this so he could proceed with his plan when Im out of my house.Thank you so far for your advice
If you see him start you must call the Police.They may it is a civil matter, but it is criminal. Please remember to click accept so that I am credited for my time. Thank you.
Called to the Bar in 2007
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