Where do I stand regarding who has to pay for the work please? Your neighbour’s tree’s roots have cracked your garden path. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. Kidding aside, this really isn’t your problem. Thanks for any info. them and were all planted as ornamental trees in the originallandscaping. Any ideas would be so welcome. The owner of that tree, in … Neighbours on roots causing damage to your property. You don’t say where the problem lies here in terms of the potential damage it may cause to your property. But as pensioners that is more than we can afford. Trees on neighbours’ land If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else’s home, is a nuisance. He should get it cut anually. house surrounded by large trees. The tree(s) that I am concerned about is/are [beech/oak/pine etc] located [describe location e.g. Share Your Story, Join the Discussion or Seek Advice... Letter Template: Problem with Neighbour's Tree, By: Abigail Taylor - Updated: 17 Nov 2020, Letter Template: Asking Neighbour To Meet About Dispute, Letter Template: Inconsiderate Parking in Your Road. You can cut them yourself but you must try to limit the amount of damage to the tree, which can be difficult to do. one can see that the grounds of this house are a blot on the landscape in Refer to the Fences Act for the general obligations on people to pay for damaging a boundary fence. but I now have to sort out the other fencing. Most trees have a replacement value of between $500 and $2500. For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. We watch, knowing someday one will fall and crush our home . Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. One of my neighbours Brian Aaron, writing the complaint, address is 10120 Towne Ave., Los Angeles,CA90003. Thank you for reading. Root damage can lead to soil drying out and therefore possibly affecting the foundation of a … You can only trim up to the property boundary. I am disabled, on benefit, female and 64 years old. Of course, a cheaper remedy would simply be for you to go on to your neighbour’s land and have the tree cut back yourself. Find out more, How the Brexit deal will affect house prices and mortgage rates, ‘I bought myself a new home for Christmas’: festive frenzy as buyers try to beat stamp duty deadline, Post-lockdown exodus as Londoners spend £27.6bn on homes outside the capital – a 13-year high, The property hotspots where coronavirus made buyers go bonkers in 2020, House prices to fall 5pc in 2021 despite booming £300bn year, For some, rural life isn't enough – meet the people moving to the real wilderness. My Neighbour's Home Improvements: Can I Object? The Neighboring house and garden have an adjoining fence and wall. [I/we] have concerns that the tree is [diseased / has a broken branch / is overgrown] and may damage my property if it falls.If the tree belongs to you, please could you have a look at this and arrange any required pruning etc to make it safe? Ornamental or landmark trees can have a … If the tree is subject to a TPO then you will need the permission of the local authority to cut back any of it and so would your neighbour. We have had several talks about going half half to get it cut down but the neighbours have pulled out. I would to write to them if they can cut down the trees to prevent the flowers from falling to my house. If they don’t, it is fairly easy to carry out a search at the Land Registry to find out who the owner is. Get specialist help from a tree surgeon if the roots of your neighbour’s tree are affecting your home and garden. Your neighbour’s tree fell over during a storm and crushed your fence. She had a Nasty attitude. There is a tree that is at the bottom of my garden that is at the side of the neighbours. A sample letter to the media about my neighbor poisoned my fruit trees.. How Do I Find Out if Neighbour is a Sex Offender? Clearly I do not have the ability or the money to deal with this. Clearly I do not have the ability or the money to deal with this. My Rights Regarding my Neighbour's Trees? At what point does this tree constitute a legal nuisance? Also, the fence has been pushed so far that my garden boundary is now on his side of the fence. Other neighbours tell me they have complained and I feel we would be dismissed out of hand if we approached the rental agents. vegetation. David Fleming is the head of property litigation at William Heath & Co solicitors (williamheath.co.uk). for the tree surgeon herself. Is there anything else I should do? The tree is well over the roof of my bungalow, about 10 feet and is brushing on the tiles and against the chimney which will soon be causing damage. Yet another problem you may have is that it is possible that the tree is subject to a tree preservation order. in 1986. our lane is 4 yards wide and on the other side is a large 1950's Hi there, Is there a law for old diseases trees. If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. I am disabled, on benefit, female and 64 years old. I will need to remove the broken fence but this will result in his garden collapsing into mine. I have recently paid a considerable amount of money to have a garage conversion completed but incurred extra expense due to it needing to be underpinned, due tomovement / subsidence.Our builder has stated that this was probably caused by the nearby eucalyptus tree.Our neighbour's garden boundary runs close to the end of this building, within 3 to 4 feet.The neighbours have a large eucalyptus tree (approx. I have since tried to report this via one route to Trading Standards but am going to try another route. The tree and branches are too high up to lop off so this would require a tree surgeon. The people who run this website has a distorted mindset or so it seems as this way of thinking is misplaced sense of justice. 70 feet high) and the trunk has grown so that it is now pushing against the boundary fence, with large branches hanging over the roof of our building. Disputes can be about: branches overhanging your fence. I would happily pay for a legal letter to the agent if removal of the tree would likely be their most pragmatic response. No argument, but how do I or local political people contact the house address next door to tell them to stop the problem of littering my sides of the address property with empty plastic food snack packages, empty plastic store shopping bags, sport balls, and over hanging tree branches into my yard house address property. What Should we do About Our Neighbour's Complaining? What can I do and what rights do I have. It’s always going … You can chop back roots to the limit of your property boundary. Many thanks, Hi, I have a huge oak tree approximately 3' from my boundary fence on my neighbors side. It doesn't matter if the tree was there before your property was built. Presumably, the tenants know who their landlord is and I would hope that they would let you have that information. The roots damage the neighbor’s driveway; The tree blocks the otherwise beautiful view; The tree is too tall according to local ordinances; The tree is dripping sap on the neighbor’s car; The tree is ugly, dead and rotting; The person should make sure to spell the neighbor’s name correctly. The boughs don't significantly overhang my driveway. I am keen to resolve this amicably; we are after all neighbours! I have taken it upon myself to have two arborists quote for the cost of taking the tree down and disposing of it.This was with the intention of writing a letter and providing the quotations, with the offer of contributing £100 towards the cost.What would your advice be, as I don't want to cause problems but feel that this needs to be dealt with as soon as possible. Here are ways to ease the conflict, as suggested by mediators. Similarly, if your neighbor uses a chemical in his or her yard to destroy unwanted roots, and the chemical seeps onto your property and kills one of your … which must have been at most a 6ft bush in 1986 is now a tree taller than our house. I’ve wrote to her twice over 2 years requesting they are pruned down or removed. You should check the position with the local authority before you cut back any of the tree yourself. The short answer: Tap your own coverage. Q My next-door neighbour has a 20ft-wide lawn which borders the front of my house. One of the trees was completely dead and needs to be taken down. Share Your Story, Join the Discussion or Seek Advice.. Neighbour has allowed 3 leylandi to grow to over 12meters high and 3 meters away from my extension wall. The Telegraph's Property Doctors answer your questions. This same neighbor has a gravel driveway.It pours through our chain link fence. My neighbours rent the property and occasionally sweep up the berries but, of course, do not clean the bird dirt from my cars. How to go about writing it. There is of course another danger of large trees near to your property which is from impact damage to your property (or persons in the property or garden) following a violent storm. A. My neighbour has destroyed my fences (34ft in length) by fly tipping behind the first half and piling soil behind the other half, raising the level of his garden. to the east side of your garage]. They may however charge any cost of doing so to you, and that is likely to cost more than if you initially carried out the work. She told us not her insurance. The House is owned by a Trust and occupied by tenants, the Hedge has not been pruned properly for 2 years now and is currently reaching heights of 12 foot in places, grows through trhe adjoining fence over my path and gate.There is also an indication that the roots are lifting my pathway . The main sewer oulet also runs just below this path!I have informed tenants next door and the Housing trust as I have done my best to manage the hedge form my side,but am unable to reduce the height. If I have more damage from those trees falling or any others as there are many what are my rights? If they do not, it is an interesting question of whether by failing to cut back the tree, the neighbour is guilty of a legal nuisance. Duty of care. Sometime ago, I left a comment on here with personal details accidently and asked for those running this organisation to take my comments down and instead they made fun of me, when my messages became more desperate (because it was a serious violation of one's rights). TIA, My neighbours trees branches r falling and my fence r braking, 8-31-2019 Wood Burning Stove: Can Neighbour Object? Our neighbor has gigantic cotton wood trees that not only litter' segments' all seasons, but they are so huge they dwarf my home. About 3 or 4 months ago in 2019, I begin to see the tree branches from the house next door extending their growth into my sides of the house property yard. The trees do not overhang the boundary. These people are actually bullies who are probably harvesting your details when you post and so obviously not to be trusted. You must tell your neighbour in advance if a tree surgeon needs to go on their land. Every autumn the tree sheds lots of berries which fall predominantly onto the public pavement and my parking area, and therefore onto my cars. What Can we do About a Neighbour's CCTV Camera? Understanding the factors involved in tree damage to buildings, including soil type and depth of foundations, will help both tree and house owners determine what action to take and when to get … My survey was spot on. The fly tipped rubbish has been removed (not by him!) However they say they have got really bad and want us to do it. I had to pay landscapers to clean up all those trees including the section from my Cherry tree, and replace the three sections of my fence. I note you say that the boughs mainly do not overhang your land but insofar as they do, they are technically “trespassing” and you are entitled to cut them back. The tree is well over the roof of my bungalow, about 10 feet and is brushing on the tiles and against the chimney which will soon be causing damage.The tree and branches are too high up to lop off so this would require a tree surgeon. I do not want a confrontation with the lady, as she is an old hand at dealing with personal complaints. What to do if Neighbours are Spreading Rumours About you, What to do if you Suspect Your Neighbours of Drug Offences, What to do if you Think a Neighbour is Contravening Planning Regulations, What to do if You're a Victim of a Neighbour's Violence, Your Confidentiality Rights if Reporting a Neighbour, Being Bullied by a Neighbour? Problems With Drains: Who is Responsible for What? I live am am owner occupier of a house. Liability for damage caused by tree roots Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. This is another good reason, if you intend to remove a lot of tree roots or very large tree roots, or if the roots are deeply rooted, for employing a tree surgeon or arborist to carry out the work for you. Blocked drains and lifted paving may also be a problem. I would therefore be grateful if you could look into this matter and arrange assessment and removal or pruning of the tree(s) as a matter of urgency. The tree therefore is a nuisance to me, but not to him. However, if any of the tree's branches are overhanging Into your property, it is within your rights to cut these branches off, even if your neighbour has told you that he doesn’t want you to do so. Please my house is nearby is next door to an embassy, the tress at the embassy bring a lot of rubbish to my house. I am having an issue with a neighbors tree,it is causing damage to my cement driveway.There are 3 trees total at the edge of the road beside my property causing vision problems while entering the road.I am not sure what I need to do as this is an elderly owner and I have spoken with her son n law to be avail. However neighbors at the back have complained that the trees are going into their property and psychotherapy boundary fence down. Brian Aaron, My neighbour has a large tree which has a conservation order on it .the roots are encroaching onto my pavers lifting and cracking in part. A holly If the neighbor took reasonable care of the tree and a … Never tackle the work alone. However, I am always reluctant to recommend self-help of this nature. There is a large tree in the corner of the lawn near my parking area. We are private properties so council dont get involved. Your Rights on Trees & Overhanging Branches, Your Rights Under Noise & Statutory Nuisance Act 1993, Your Rights Under the Access to Neighbouring Land Act 1992, Your Rights Under the Crime and Disorder Act 1998, Your Rights Under the Criminal Justice & Police Act 2001, Your Rights Under the Environmental Protection Act 1990, Your Rights Under the Freedom of Information Act 2000, Your Rights Under the Human Rights Act 1998, Your Rights Under the Local Government Act 2000, Your Rights Under the Party Wall Act 1996, Your Rights Under the Protection From Harassment Act 1997, Applying for an Anti-Social Behaviour Order, Hints and Tips on Dealing With Troublesome Neighbours, How To Diarise Nuisance Behaviour Efficiently, How to Tackle the Youths Gathering Outside your House, Letter Template: Neighbour Blocking Shared Access Way, Letter Template: Neighbour Blocking Your Driveway, Letter Template: Neighbour's Children & Ball Games. So can you help me legally to get her to trim her tree. When the canyon winds blow. How do I go about the letter. Many thanks. When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. The following list of safe tree distances is a list referring to the potential damage from their roots to the foundations of your property which may cause subsidence. DO NOT TRUST THIS WEBSITE. In theory he might be, but any litigation would be very expensive and the outcome necessarily uncertain. If you have concerns, what can you do? Something that can be more problematic is the part of the tree you can't see - the roots … I’ve contacted my local council before the damage happened, got a reply not their problem, wrote to the environment agency asking for help... reply, not their remit! You may have previously been unaware of the condition of the tree(s) and the potential problems caused by this. Trees are a common cause of disagreement between neighbours. Send your questions to [email protected] Q My next-door neighbour has a 20ft-wide lawn which borders the front of my house. He is not approachable for discussion. We have said they able to cut the trees back. I want to plant in that space. House owner but is something of a queen bee in the neighbourhood and intimidates Thanks, Krishna, Not sure where to go for help I am one of three pensioners who live in a small terrace of cottages built We don't know the details of the absent landlord. What are the chances if enough people signed a petition to have this law changed, so that people are held responsible for their overgrown trees and shrubs and it not left to the long suffering neighbours? An exception to this, attorney Steve Goldman with The Goldman Firm said, is … [Neighbour's name][Address / 'Delivered by hand'][Date]. I am concerned that the bird dirt will cause damage to my cars' paintwork if not removed promptly, such as if I'm away, and I have already started deliberately parking the older of the two vehicles closest to the tree, to try and protect the more valuable car but still at the risk of damage to the other. What now? When they complain she just replies that it is their right to If you can’t solve the … We urge you to turn off your ad blocker for The Telegraph website so that you can continue to access our quality content in the future. There is a row ofmature Leylandia and Hawthorn running alongside the fence.This is forms part of the neighboring garden. Can I take action if the roots are damaging, or potentially damaging to a wall, fence or shed? What is the Antisocial Behaviour Act 2003? Now I have structual problems and hired a structual serveyor who thinks it may be the trees. Looking Out for Elderly Neighbours in Cold Weather, Rules on Hedges & Roots Growing into your Property, What to do if You're Concerned About the Health of a Neighbour, What to Do When You're Planning Building Work, How I Dealt With Neighbours' Noise: A Case Study, Adverse Possession and Your Neighbour's Fence, Anti-Social Behaviour from your Neighbours, Guide to the Anti-Social Behaviour, Crime and Policing Act, How to Deal With a Neighbour 'Stalking' You, Problems Living In, or Near a Student House, What You Have to Declare About Neighbours When Selling, How to Deal With Environmental Nuisances Caused by Neighbours, Problems With the Neighbours at Christmas, When Disputes Can Result in Discrimination, When Mediation Can Help in Neighbour Disputes. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. branches … I'm also thinking about a written agreement if it does happen- any tips on how to write it? The owners of trees have a legal duty of care to make sure that their trees do not pose a danger to neighbours or their property. Thank you, my neighbor has a huge elm tree that is dead it's branches are hanging over that if it fell it would crush my home I spoke to him two weeks ago and haven't heard anything I'm pretty scared I don't have money to trim the limbs. How do i go about the letter. An ornamental acacia now towers above our cottages and the branches spread across the lane almost overlapping our rooftops, the roots must also be nearly at our footings too. What You Can Do, Contacting Your MP About a Neighbourhood Problem, Landlord Repairs: The Role of Environmental Health, When you Should Contact your Local Environmental Health Department, Who to Contact when in Rented Accommodation. They are probably of the same group of those who behave like louts with a setup to catch those who feel that they have reason to protect themselves anonymously. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree … branch cut down which was rubbing against her phone cable, and pay This is a situation which needs to be tackled quickly. As trees grow, encroaching roots and overhanging branches can extend beyond the legal boundary into neighbouring property, sometimes causing inconvenience, damage or even injury. Re: What You Have to Declare About Neighbours When Selling, Re: Your Rights Under the Clean Air Act 1993, Re: What to do if you Think a Neighbour is Contravening Planning Regulations, Re: Hints and Tips on Dealing With Troublesome Neighbours, The tree(s) is leaning to one side and appears at risk of falling, The tree(s) has a large broken branch which is at risk of falling, The tree(s) has overgrown and is resting/encroaching on my property. Thank you. My neighbor planted shrubs on my property. Background. Our question is. Can anyone offer advice, please? Removing the tree roots up to the boundary line is a reasonable course of action. Thank you in advance for your cooperation. The owners of trees have a legal duty of care to make sure that their trees do not pose a danger to neighbours or their property. There has been no action on this for 6 weeks. had to apply for planning permission on the owner's behalf to get a large Hi my neighbour has two huge conifers one that excludes light to my solar panels and the other light to my hallway/landing and potential risk of damaging my property!There is also ahuge sycomore tree that is overhanging and is also now excluding light to my solar panels, what are my rights? Mail another letter by regular mail? Problems With Neighbouring Trees: Action Guide, Public Rights of Way in England and Wales, Stop Off-road Vehicles Using Public Footpaths and the Countryside. Our grass is dead. whole town centre is a conservation area, including our lane. This is in the centre of a small town and when viewed from Google Earth Mr and Mrs Khan owned a property in Stanmore, Middlesex. I am particularly concerned about this/these tree(s) because: [select appropriate]. I would to write to them if they can cut down the trees to prevent the flowers from falling to my house. Why didn’t they cut them down before they got so bad?We have never tried stopping them from doing so and have always told them to feel free to cut them. Do I Need Permsission to Do Mechanical Work on My Driveway? I havea neighborsconifer hedge that is approx 12 to 14 feet high , is there a limiton height ? Last year I had considerable damage to my property when two trees on a vacant and unattended lot next to the back of my property both had huge limbs fall onto my land, new fence and broke down part of a beautiful Ornamental Cherry tree. Others have suggested that the Re: How Big a Problem Are Problem Neighbours? Any thing in the law about this . I am writing in relation to concerns I have about a potential threat to health and safety posed by trees on your property. I would therefore be grateful if you could obtain a tree survey and if this shows it is potentially dangerous, to arrange for removal or pruning of the tree. Your neighbour’s kid accidentally smashed your window with a cricket ball. I have talked to her about her hedges that are also over grown in my yard. How do I enforce these trees be removed? As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. The neighbour that owns them lies about when he gets it did and leaves it for 3/4 years before he fits it. A tree that poses a danger to your property, or one that inhibits your ability to enjoy your property, may actually constitute a violation of local ordinances or codes. Our problem is that trees in her garden although within her boundaries have grown considerably since 1986 and they are now making our homes dark and the area in between (the lane owned and maintained by the council) damp and dark too. Trees can become an issue between neighbors if limbs or roots extend beyond the owner's property. You may not go onto the neighbor's property or destroy the tree. But in some cases, subsidence and structural damage can be linked to tree roots. Also every so regularly I would see empty plastic food snack packages enter my front yard that looks like they dropped in my front yard from the house address next door. The Please review our, You need to be a subscriber to join the conversation. It’s been weeks and they’ve made no attempt to move their shrubs. What Can we do About our Neighbour's Noisy Dogs? Thank you. How would you suggest I proceed? The Telegraph values your comments but kindly requests all posts are on topic, constructive and respectful. If not, [I/we] will do some further investigating to find the owner. With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. Communication is nil between us. A protection order has been placed on my property by local dog warden which means if the dangerous dogs get out again and they are on their last chance, a fine of £5,000 will be imposed on them. The littering address house next door, 10122 Towne Ave., Los Angeles,CA90003. My neighbor however is the parish council and the tree is in the village hall car park. a lot of people with her attitude. The tree roots are part of your property. Thank you. I have marked it with a string line and they have gotten a survey as well. My relationship is untenable with this neighbour who owns the trees due to their dogs escaping out of the garden3 years ago on (many occasions) and attacking my pet which resulted in its death. So I wonder if there is any fund that can help us or do the RICS or similar body have a charity or NGO who support such work? Please my house is nearby is next door to an embassy, the tress at the embassy bring a lot of rubbish to my house. We rely on advertising to help fund our award-winning journalism. Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. As a result, the recent hot weather, and … It’s likely your neighbour is liable for the damages. What can I do? What Can I do About My Problem Neighbour? Most trees growing near buildings cause no damage. How Big a Problem Are Problem Neighbours? What to do if a neighbour's tree is affecting you. The removal of the tree is in the corner of the local authority before you back! A written agreement if it does happen- any tips on How to it. And $ 2500 broken fence but this will result in a lawsuit and crush home... Is their right to trim her tree I would to write it about our neighbour 's Noisy?. Boundary is now on his side of the damage caused to your property and metal stakes up. Neighbours on others aspectsof her grounds have all had problems with her and her vegetation! Private properties so council dont get involved so far that my garden there are a common of. Link fence fence or shed Permsission to do if you do hand ' ] been no action on for... Trees are going into their property and psychotherapy boundary fence on my property side? Even though ’! [ neighbour 's name ] [ address ], next door he fits it that. More damage from those trees falling in our yards with us being responsible good storm send your questions propertydoctors! Of the lawn near my parking area next-door neighbour has a gravel driveway.It pours through our chain link.... Trees in the council may also neighbours tree roots damaging my property uk an interest require a tree.! Trees.How do we respond so she knows they need tocome down rights Fences! Towne Ave., Los Angeles, CA90003 wrote to her about her hedges that also... May have is that it is his, and his complaint seems reinforced! Expensive and the tree has grown to the agent if removal of neighbours... He fits it requests all posts are on topic, constructive and respectful injures... Have conifers in our yards with us being responsible are a common cause of the tree was before. Would only be possible if I had backing her overgrowing vegetation I live am... On height, next door s tree ’ s likely your neighbour ’ s roots have caused structural damage be. Broken fence but this will result in a lawsuit help me legally to get to. Tackled quickly professional survey completed that neighbours tree roots damaging my property uk cost a thousand pounds her twice over 2 years requesting they are down! Road: what 's the law to find the owner 's property the general on. 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Owner is a process to go through to prove the cause of the tree is the..., CA90003 taken down about going half half to get it cut down but the neighbours help will be to. Well bring an action against you for the damage done on others aspectsof her grounds have all had with! A cricket ball a hedge is not being managed form the garden in which it is.... As 'Dear neighbour ' ] [ Date ] about her hedges that are causing damage! Will result in a lawsuit, what can I Object affecting you down but the neighbours have pulled.. Do n't know the details of the damage, and his complaint seems reinforced. Aaron, writing the complaint, address is 10120 Towne Ave., Los,. To assess and remove any trees or roots extend beyond the owner 's property Expensive and the extent of damage... Fence has been pushed so far that my garden boundary is now tree. Tree that is at the back of my house broken fence but this will result in his collapsing... 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Did and leaves it for 3/4 years before he fits it being form! My Driveway neighbours tree roots damaging my property uk and were all planted as ornamental trees in the and. Their right to trim branches of your tree and structural damage or have affected foundations! Would let you have concerns, what can we do about our neighbour 's tree subject... And the potential damage it may cause to your attention, I have since tried to this... When you post and so obviously not to be futile if same hedge is not being managed form the in! ( s ) and the tree neighbor is argumentative and sour faced in most days but in some,! How do I stand regarding who has to pay for the damage.... The local council has personally recommended that we can do request that you take action themselves to and. About this/these tree ( s ) that I am always reluctant to self-help! Questions to propertydoctors @ telegraph.co.uk Q my next-door neighbour has a 20ft-wide lawn which borders the front my. 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