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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice.
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Question: A branch from one of the trees on my land overhangs

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Question: A branch from one of the trees on my land overhangs a neighbours land. I understand that he can legally cut down the offending branch to the boundary and must offer to return the branch and trimmings to me. However I do not want the offending branch or trimmings returned to me. Can I legally get him to dispose the branch and trimmings himself ?
Submitted: 11 months ago.
Category: UK Law
Expert:  Jo C. replied 11 months ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Is there any reason you want to do this please?
Customer: replied 11 months ago.

a) because the branches are large and I suspect he may want to lop off more branches and may be another neighbour may want to do likewise and I would have a lot of material to get rid of.

Customer: replied 11 months ago.

FOR JOMO1972 :


I do not want to dispose of the branches myself as they are large .and there is every possibility he may cut down other large branches

Expert:  Jo C. replied 11 months ago.
Thank you.

I suppose you could refuse to accept them back but there are two real problems with that.

The first is just practical. I'm not immediately sure how you could prevent him retuning them to you. He only has to leave it outside your front door or throw it over the fence. I suppose you could return it to him but that could go on a long time.

The second is that, unfortunately, even if he does dispose of them you are still liable for his costs in doing so. There may be no costs but if any are incurred he has a claim against you.

I'm very sorry of this is bad news.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: UK Law
Satisfied Customers: 64132
Experience: Over 5 years in practice.
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