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my neighbour has been cutting the overhanging branches from…

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my neighbour has been cutting...
my neighbour has been cutting the overhanging branches from my garden which is fine by my husband and i ,but they are bringing them from the bottom of there back garden which is 50 ft long and all the way along the side of there house and throwing them over into my front garden ,onto my plants and bushes ,which have now been damaged and some are laying on the floor. my husband is nearly 70 and i 65 my husband is in poor health and is recovering from cancer and a lot of other health issues.are these people allowed to do this ,or is there anything we can do to stop this.they have been doing this since they had planning permition denide twice which we objected to.i would be very grateful if you could advice us on this matter . thank you mrs m
Submitted: 8 years ago.Category: UK Law
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6/29/2010
Solicitor: DR Lawyer, Lawyer replied 8 years ago
DR Lawyer
DR Lawyer, Lawyer
Category: UK Law
Satisfied Customers: 2,319
Experience: BA (Hons) Pgdl Pgdlp (LPC)
Verified

Hello,

Many thanks for your question. I shall endeavor to assist. If there is anything in my answer that you require me to clarify please ask.

 

Your neighbours are, as you know, able to cut back the overhanging branches and the general advice in this regard is that the cuttings should be given back to the neighbour. They should not do anything to your land, however, that causes damage as that would amount to trespass. This would include throwing them on to your plants to cause damage and/or this may also be considered negligence.

 

Your legal remedy would be a claim for an injunction to prevent them from doing this and damages for the cost of putting this right (say the cost of a gardener and more plants). Your household insurance may provide legal cover to fund the claim. Check with them.


Regards

DR Lawyer

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