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Alice H
Alice H, Solicitor/Partner
Category: UK Property Law
Satisfied Customers: 2850
Experience:  LLB (Hons) and 20 years legal experience
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We have an issue with our neighbours bay trees that stand at

Customer Question

Hi
We have an issue with our neighbours bay trees that stand at over 6 metres tall & have never been maintained.
The trees have been planted in a raised bed with our wall (on the neighbours side) being used to support the soil, etc.
Due to the size and height of the trees it has now resulted in our wall being pushed towards us and several cracks have now appeared in our wall.
I have taken action in cutting back the trees but have also cut the top off of the thick tree that is the main culprit in damaging our wall which is within my neighbours boundary, ideally I would like to insist that the tree is removed but I have already caused an upset & need to know where I stand legally.
Your advise would be much appreciated.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Alice H replied 1 year ago.

My name is ***** ***** I am happy to help with your question today.

Expert:  Alice H replied 1 year ago.

Please bear with me as I type an answer for you.

Expert:  Alice H replied 1 year ago.
Thanks for your patience.
Your neighbour is liable for any damage caused by trees which have not been maintained and are causing damage under the law of "private nuisance".
You should try and deal with the matter amicably with your neighbour. His liability is to put right damage to wall and any associated remedial work and trim the tree so that it does not cause further problems. If such discussions fail then you can take legal action for the following:
- the cost of abating the nuisance, for example, the cost of pruning the roots of the tree if the owner or person who has control of the tree fails to take reasonable steps within a reasonable time to abate the nuisance;
- loss suffered as a result of a reduction in value of the property in question (properties which have suffered subsidence are generally harder to sell and, therefore, it is often difficult to achieve the market value when they are sold);
- the cost of any remedial works such as underpinning;
- the cost of alternative accommodation where the owner or occupier is required to move out of the property while the works are being carried out;
- experts fees, such as those of an abreast and/ or surveyor.
You could also seek an injunction to get this work done if the neighbour to carry out this work if he refuses to do so including the associated costs.
I hope this helps. Happy to discuss further if needed.
Alice
Expert:  Alice H replied 1 year ago.
Apologies. 'Abreast' should of course read 'arborist' i.e. tree specialist.
Customer: replied 1 year ago.
Hi AliceThank you for your quick reply.After looking at this site I understand that there is a 2metre height limit stated, our neighbours trees stand at over 6 metres within 3 metres of our home, see
https://www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries
Are you able to elaborate on this? Only it is not very informative.
What is the minimum height that I can request them to reduce the trees to?Ideally I would like to approach this amicably and apply the above to all of the trees / shrubs that run along our wall to both prevent further issues and provide us with more daylight. Is this within my rights?Kind regardsJulianAlso, as I stated, I have taken it upon myself to cut the offending tree within the neighbours boundary. Could the neighbour take legal action bearing in mind the damage that the tree has caused?
Customer: replied 1 year ago.
Why am I being asked to pay more money when most of your answer does not apply to my situation and more importantly you have not fully answered my original question?This will certainly not receive a good rating
Customer: replied 1 year ago.
Hi Alice,The information that you have provided me with is purely confirming what I have established within the public domain. What I require is information that relates to my particular case. I would have expected you to state laws concerning the height and distance that I specified originally and a legal opinion on the action that I have taken.
I would also be interested to know which country you are replying from as the laws may be different?I hope that you can understand my position in being uncomfortable in being asked for a further payment.Thank you
Expert:  Alice H replied 1 year ago.
Of course, I fully understand.
I am a qualified solicitor and based in Holborn, Central London.
I only deal with English Law.
Happy to discuss further but will need to look at the points you raised in more detail and come back to you.
Customer: replied 1 year ago.
Hi AliceThanks, ***** ***** & thought that I'd best ask on your location seeing as we are communicating on a .com domain.
I look forward to your reply.Many thanksJulian
Customer: replied 1 year ago.
Hi AliceI have today received a 'How did I do?' email but this conversation does not appear to be complete yet.please advise
thanksJulian

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