Sue is a keen gardener. She is particularly proud of the large apricot tree in her back yard, the branches of which overhang her barbeque area and provide her with shade.

Sue awakes one morning to discover that her new neighbours have chopped off almost half the branches of her apricot tree, hoping to get more light in their main bedroom.

Required:

Sue is furious and seeks your legal advice.

Questions to Consider:

Is the damage to person or to property?

In light of the harm suffered by P, what is the most appropriate action?

Trespass to land?

Can Sue show a direct interference with her lawful possession of land?

Does there have to be an entry on to her land for a trespass to arise?

Did she consent to the lopping of the tree?

Do the neighbours have any defences available to them for their actions?

Please provide supporting Case studies if possible.

Answer is preffered to be in PIRAC structure.

Kindest Regards