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Can I prune back a neighbours branches / roots?

branches neighbours prune roots
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Can I prune back a neighbours branches / roots?

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Generally common law provides a ‘right’ for a landowner to cut back trespassing branches or roots from a neighbour’s tree. The individual scenario must be reviewed to ensure that this view of Common Law applies and it should be noted that action under this law brings with it conditions that must be adhered to. One regular problem is that the extent and positioning of pruning allowed under this ‘right’, frequently does not compare with modern tree pruning recommendations and if taken to the letter of the law, may result in a disfigured and possibly a dangerous tree. Acting in this way may not protect you should damage or loss occur. If your trees are protected (See: Are my trees protected), then the Consent of the Planning Authority (but not the tree owner) will be required. As you can see, this can be a complicated matter and it is important you receive professional advice relevant to your situation, better still, work hard to maintain good relations with you neighbours!

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