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K
K, Solicitor
Category: Scots Law
Satisfied Customers: 774
Experience:  LLB (Law Degree) and BA(Hons) Business Degree and Diploma in Legal Practice. Partner in own law firm
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Neighbour has leaned over into my garden and cut six feet off

Customer Question

Neighbour has leaned over into my garden and cut six feet off my hedge trees in height approx 10 he has left two very unsightly holes in what was a very tidy hedge row,the trees have been there before he bought house and moved in,i had topped and cut hedge row when we moved in 14 months ago as agreed.Police say it is a cival matter.How would i stand in court action i live in Scotland.
Submitted: 8 years ago.
Category: Scots Law
Expert:  K replied 8 years ago.

HI there,

 

If the trees were in your garden and belong to you then your neighbour is only entitled to trim or prune to the extent that any overhang his property. It sounds as if he has exceeded this and accordingly while he could have taken action against you in the sheriff court if they were affecting his right to light etc he has chosen to go down a route which is not lawful. If he felt that the trees were affecting his legal rights to enjoy his property he should have dealt with this by way of obtaining a court order to have you reduce them to the correct size etc.

 

On the basis of what has occurred you would be able to raise an action in the Sheriff Court in respect of his actions to destroy your property and to do this you should consult a solicitor to take this forward for you and raise an action on your behalf in your local sheriff court.

 

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Regards

K