DEAN DUNHAM: Neighbour’s tree overhangs my garden – who should pay to have it pruned back?

I want to have branches from a neighbour’s tree which overhang my garden cut down professionally. 

I’m worried they’ll damage my house if they come down in high winds. Who should pay for it?

S. H., Kent.

Dean Dunham replies: Generally you cannot force your neighbour to cut down overhanging branches or reimburse you for having this done unless they pose a safety hazard to you or your property.

If you feel this is the case, you should first speak to your neighbours and ask if they will deal with the matter, politely pointing out that if any damage is caused by the branches to your property, they will be liable.

Pruning bill: Who is responsible for trimming back tree branches when the extend over a neighbours fence?

If they refuse, your next step would be to contact your local council. If this does not work, you could apply to the county court for an order (but this could take time and will come at an expense).

If you decide to cut down the branches, remember they are actually your neighbour’s property. 

So before disposing of them ask if your neighbour wants them back — don’t simply throw the branches into their garden as this could be construed as fly-tipping, for which you could be fined.

Can I get cash back for Egypt trip due to Israel attacks?

I’m off to Egypt for half-term but feel nervous about taking my family on holiday given the crisis in the region. Can I cancel and get my money back?

M. E., London.

Dean Dunham replies: Given the current volatile situation in Egypt, some holiday providers and airlines may allow holidaymakers to either move their booking to a later date or change to an alternative location.

If your provider does not offer this option, you will be at the mercy of the Foreign, Commonwealth & Development Office (FCDO). At present the FCDO has a warning in relation to Egypt, but it excludes the Red Sea resorts in South Sinai and the Egyptian mainland, including the entire region of Sharm el-Sheikh, Taba, Nuweiba and Dahab.

Package holidays: When the FCDO either advises ‘against all travel’ or ‘against all but essential travel’ to your planned destination, most package-holiday providers will automatically allow you to cancel and obtain a refund. 

However, an FCDO warning does not give you an automatic right to cancel, as the law that covers package holidays (The Package Travel Regulations) says that an automatic cancellation right is only triggered if a three-stage test is satisfied.

First, there must be ‘unavoidable and extraordinary circumstances’. This means a situation that is beyond the control of the holidaymaker, the consequences of which could not have been avoided even if all reasonable measures had been taken.

Secondly, the unavoidable and extraordinary circumstances must occur at the place of destination, or its immediate vicinity.

Thirdly, the unavoidable and extraordinary circumstances must ‘significantly affect’ either the performance of the package holiday or carriage of passengers to the destination. 

In relation to Egypt, my view is that the three-stage test has clearly been met in relation to those areas covered by the FCDO warning, meaning you will be able to cancel and demand a refund if you’re travelling to one of these locations.

Other holidays: If your holiday is not a package one, you will be in the hands of the airline and accommodation provider. 

If the flight still operates and accommodation remains available many will argue you cannot cancel. If you’re booked to travel to an area covered by the FCDO warning, you can claim on your travel insurance.

• Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email [email protected]. No legal responsibility can be accepted by the Daily Mail for answers given. 

This post first appeared on Dailymail.co.uk