| Commentary

137 Avoiding liability

| Commentary

137 Avoiding liability

In order to avoid such liability to or action by neighbours, the tree owner should, if possible, obtain permission from his neighbour for any substantial encroachment. He should also seek the neighbour’s consent if he needs to go on to the neighbour’s property to remove any offending branches or roots.

The adjoining owner who is suffering the intruding branches or roots should send a letter to the tree owner, before taking action1, requiring the tree owner to cut back the branches or roots. If that does not result in the work being done, and the

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