Tree and boundary

[cycledude]

Hello,

we have had a dispute with our neighbour about where the boundary of our property lies in our front garden. Their solicitor wrote to us to ask us to move a pot and a small fence according to where they say the boundary line is; we do not agree with their interpretation but have complied with these requests.

The main problem now is that they are asking us to dig out a tree that's in the corner of our front garden - according to them it lies on her land (the trunk is growing in her soil). We have said that because it's growing on her land (by their definition) it's her responsibility to dig out and/or prune. You can't really have a conversation with this woman as she has emotional issues and it usually descends to name-calling.

Can the neighbour force us to dig out a tree, that is (supposedly) growing on her land?

[echat11]

Hi CYCLEDUDE

Welcome to LB

No doubt, one of the members will provide guidance on a way forward.

In the meantime here's some info - https://www.rhs.org.uk/plants/types/trees/the-law

[atticus]

Do you think it is on your land? Did you plant it there?

[cycledude]

Do you think it is on your land? Did you plant it there?

Hi Atticus. I honestly don't know at the moment. The solicitor is adamant that it's her land, which would (I think) make the tree legally hers. If the boundary is as the solicitor describes, it's certainly growing in her soil. It seems they want to have it both ways - claim the land and try to get us to dig the tree out for free. I don't know if a court could force us to dig it out - we don't want it to go that far as she has the support of a guy living further down (and who we suspect is behind much of this).

[islandgirl]

Well she can't have it both ways would be my view. She wants that bit of land she takes it down....I do not know why you would have given up some of your land though unless the boundary fence was in the wrong position?