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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32957
Experience:  Award winning lawyer with over 15 years experience
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I have a tree in an ally way at th

Customer Question

I have a tree in an ally way at the back of my home. The tree is now about 120foot high and I have asked repeatedly for it to be pollarded. The owners refuse to allow access for the tree to be touched. 20 years I have been asking ! The lime trees exude sticky sap block light in the morning and have damaged my planting. Not sure what to do. My garden is only 45foot long. My neighbours on one side of terrace are also unhappy about it. The ally was owned by an estate and represented by a law firm . The firm says ally now belongs to houses at the back and is not the estate responsibility now. Branches fall off. Tree surgeon say tree is dying. Can you advise what I can do. Thought I could chop off overhanging branches but this may well cost thousands of pounds now. Thank you Denise XXX email jacksonblake1XXX

Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
Thanks for your question. Please remember to rate once you get my answer.
You are correct to recognise that you can cut down any branches which overhang your property.
Where you are concerned that a tree is diseased or damaged and poses a danger due to having fallen, or being at risk of falling, you should contact the owner of the land on which the tree is growing.
If the land belongs to the local council, contact them to request that the tree is cut down or pruned.
If you are unable to contact the land owner or they refuse to take action, contact your local council's Environmental Health Office.
The Environmental Health Office may be able to invoke the Local Government (Miscellaneous Provisions) Act 1976 if the tree poses an immediate risk to Property or people. This allows them to serve notice on the land owner to make the tree safe. If they fail to do so, the Environmental Health Office may undertake this work themselves. The land owner would then usually be charged for any gardening required.