branches disposal

Re: branches disposal

Postby Anthony Westoby » Fri Jun 08, 2012 9:36 pm

Sudynim wrote:
Anthony Westoby wrote:One thing that is clear, though is that a servient landowner cannot ride roughshod over his neighbours and beat them up by allowing his trees to overshadow a whole row of houses!

If they are servient (eg they are subject to an easement relating to tree height) then clearly this is right. However I suspect that would be rare.


Sudynim,

I think an explanation is necessary, I am referring to my neighbours, cavalier, to say the very least, attitude, to his Southerly neighbours who live along his southerly boundary which is totally dominated (still) with massive Leylandii, even after LA intervention and resultant asbo's. This has been ongoing for years.

If anything he will be the dominant party to those alongside his exit, which he has stolen from us ----- (to whom he is servient) ------- all very simple when you've spent 12 years on garden law, but not easily explained in writing, you will realise.

All will be revealed, I suppose when we eventually get to court again, meantime we have the poor old northerly and southerly people suffering from this man's pig - headed assumption that he can do ANYTHING he likes on his land (as he is continually telling everyone who will listen.

Including the LA.

Sorry for the confusion.

TonyW.
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Re: branches disposal

Postby Conveyancer » Fri Jun 08, 2012 9:55 pm

It is established law that you cannot have an easement to allow trees to overhang: Lemmon V Webb.
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