neighbours cutting ...
 

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[Closed] neighbours cutting down my trees

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came home yesterday that one of my neighbours has taken a a chainsaw to a couple of the trees at the bottom of my garden an lopped about 4ft off the height and cut off load of the branches. now i assume they've done this as the trees may of been blocking the morning sun into their garden.

however i'm pretty hacked off as they've not spoken to me or made any attempt to about any issue in light being blocked and have taken it upon them selves to just severely cut them back. given the location of the tree's i'm pretty sure they will of had to come into my garden (without permission) to do it (although i can't prove this) and although they've cleared some of the debris up, they've left a fair chunk behind.

now they weren't the prettiest trees, but my garden is now a lot less private than it was and i don't think their actions are reasonable. beofre i go speak to them, does anyone know what the law on this is? have had a quick google and come up with lots of contradictory info and info about trees overhanging a neighbours boundary (which they weren't)


 
Posted : 28/08/2016 9:48 am
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If it's on your property, then it's criminal damage.


 
Posted : 28/08/2016 9:49 am
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Problem may be proof. Go see the neighbour and covertly record the conversation


 
Posted : 28/08/2016 9:58 am
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Careful they dont give you the bill.


 
Posted : 28/08/2016 10:00 am
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They can legally cut anything their side of the boundary but they must return the cut branches to you ( 😐 ). That's the law. They cannot cut the height off is the trunk is on your side. You need to go and see them (take yoir wife so you have a witness) and politely ask what they have done and why. Then you need to send them a letter mentioning the visit and decide whether you want to ask for compensation (a few £100 ?) as what they have done is criminal damage and it has reduced the "utility value" of the trees to you (ie privacy). Note they are not legally entitled to light / morning sun etc. Whether you go further than that is up to you. With regrads to "proof" any court would probabky determine beyond reasonable doubt that it was them that cut them down.

Good luck


 
Posted : 28/08/2016 10:04 am
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Cheeky sods, they can only touch branches encroach onto their property boundary, go paint the front of their house in Mr Blobby colours!

Go and ask your other neighbours if they saw cheeky sods use chainsaw, so you have independent witnesses.


 
Posted : 28/08/2016 10:15 am
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Bunch of bar stewards. It's straight up criminal damage. Police won't be interested, but you are entitled to civil remedy. But:

although i can't prove this

Here is you problem. Ask around, chainsaws aren't quiet and someone may have seen or heard something. You could also try calling around local tree surgeons - are they of a size that your neighbour would really be taking the tops off and disposing of the trees themselves?

With regrads to "proof" any court would probabky determine beyond reasonable doubt that it was them that cut them down.

Based on no evidence at all other than "they live next door, m'lud"? Not going to happen. The bar for a criminal offence (which you refer to) is, in reality, very high and this will fall well short. That it is completely obvious is not a legal argument.

In civil court, where the test is "on the balance of probabilities" then you may stand a chance. You could really do with a witness though...

NB you yourself may be in breach of high hedge legislation and end up being required to reduce the height, but there's a proper process for that via the council.


 
Posted : 28/08/2016 10:22 am
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Cut the stumps down and plant a fast growing tall shrub screen.


 
Posted : 28/08/2016 10:27 am
 Drac
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Ring police ask for the Special Branch.


 
Posted : 28/08/2016 10:32 am
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Touché Drac.


 
Posted : 28/08/2016 10:36 am
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Ring police ask for the Special Branch

Genius 😆


 
Posted : 28/08/2016 10:46 am
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Thanks for the input. Not interested in any form of formal or legal recourse, just to make sure they speak to me if they have an issue first, don't take it upon themselves to do it again or come onto my property without asking. More to know mine & their rights before having a firm but friendly chat with them.


 
Posted : 28/08/2016 10:49 am
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I assume you've at least dumped all the remaining debris back into their garden?


 
Posted : 28/08/2016 10:51 am
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Ring police ask for the Special Branch.

I doubt they will be able to help due to cut backs.


 
Posted : 28/08/2016 10:51 am
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Shove in Leylandii - nothing says **** you quite like a few of those


 
Posted : 28/08/2016 10:51 am
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Shove in Leylandii - nothing says **** you quite like a few of those

Go round and ask them if they can take the rest of the trees out so you can plant some Leylandi and watch their faces.


 
Posted : 28/08/2016 11:14 am
 csb
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Go round and tell them some stuff has gone missing, it's on cctv, but before you tell the police ask them them what times they or their agent was round yours cutting trees so they can be excluded from investigations.


 
Posted : 28/08/2016 11:20 am
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I'll give them 24hours to remove the debris then it, and the shit that there cat keeps doing in my garden, will be winging there way over to the back fence onto their lovely new decking


 
Posted : 28/08/2016 11:23 am
 myti
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This really boils my blood my neighbours did this to my hedge. Was sitting in my kitchen having breakfast and see a man with a chain saw suddenly appear on top of my hedge and chopping a massive chunk out the middle of it to about 5ft. I rushed out and told him to stop he said they hired him to do it and thought it was their hedge (it's clearly in line with my house/boundary) It will never grow back as it is a conifer and he cut down into old wood. Ps was not particularly high and was a slow growing conifer so totally out of order but the fact they didn't speak to me first and see if I wouldn't mind reducing the height a bit. Absolute ####'s


 
Posted : 28/08/2016 9:20 pm
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So what happened? They apologise..?!?


 
Posted : 28/08/2016 9:57 pm
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@myti - get some thick green netting and string it across the gap created.


 
Posted : 28/08/2016 10:03 pm
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I doubt they will be able to help due to cut backs.

These cut backs might be illegal, I can't prove it though. Who can I call?


 
Posted : 28/08/2016 10:07 pm
 Pook
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Ghostbusters


 
Posted : 28/08/2016 10:28 pm
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(although i can't prove this) and although they've cleared some of the debris up

Can you see a pile of tree in any of the neighbours' gardens?


 
Posted : 29/08/2016 6:17 am
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The debris is yours as it is your tree, so no point wasting time sending it over the fence.
They were only entitled to take anything overhanging their boundary.
They also now take responsibility in the health/safety of that tree as they have carried out work to it. For example, if they have unbalanced the canopy which causes it to fall, bad work that allows in rot which leads to limb drop or killing tree in long run and requiring dismantling, assuming it was healthy in the first place.


 
Posted : 29/08/2016 8:06 am
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here in Norway its a circa 1500-2000 GBP fine per tree

even if the branches are over the boundary

and the police will take it seriously


 
Posted : 29/08/2016 8:15 am
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This thread would be so much better with pictures.


 
Posted : 29/08/2016 8:28 am
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[url= https://www.citizensadvice.org.uk/scotland/housing/problems-where-you-live-s/disputes-about-high-hedges-s/ ]Had no idea this existed[/url]

I always thought that you had no right to sun etc... but apparently in Scotland there is a High Hedge Act (2013). Every day's a learning day.


 
Posted : 29/08/2016 8:33 am
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Could be worse, he could be mowing your grass...


 
Posted : 29/08/2016 8:33 am
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here in Norway its a circa 1500-2000 GBP fine per tree

even if the branches are over the boundary

and the police will take it seriously

The Norwegians are know fir their tough stance on tree crime.

This thread would be so much better with pictures.

Here you go:

[img] [/img]


 
Posted : 29/08/2016 9:05 am
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You can't just leave this alone- I'd go and stick it to them. Take some scary dogs, y'know, the ones that bark.


 
Posted : 29/08/2016 10:36 am
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Jimmy, please stop talking to Sofaboy as if he's a sap.


 
Posted : 29/08/2016 11:50 am
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Could be worse, he could be [s]mowing your grass[/s][b] trimming your bush...[/b]

FTFY


 
Posted : 29/08/2016 11:55 am
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Could be worse, he could be mowing your grass trimming your bush...

Or shooting your pigeons .


 
Posted : 29/08/2016 1:12 pm
 myti
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Jambalaya there is a weed elder tree growing in the hedge which I was going to get out but now I'm letting it grow to in fill and am also going to grow an evergreen climber through it to fill in the holes that were made these will all be far more vigorous than the original hedge and they know not to touch my hedge again but no apology just sheepishness.


 
Posted : 29/08/2016 5:21 pm
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in Scotland there is a High Hedge Act (2013)

Wish we had that here. 2m high is ample for privacy.


 
Posted : 29/08/2016 5:28 pm
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Were the trees covered by a Tree preservation order?


 
Posted : 29/08/2016 6:24 pm
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So, did you go round and talk to them?


 
Posted : 29/08/2016 6:35 pm
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So, did you go round and talk to them?
Last post on the previous page, the OP wrote
they know not to touch my hedge again but no apology just sheepishness
so I assume he did talk to them


 
Posted : 29/08/2016 7:37 pm
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Cant see that on the last page Greybeard??


 
Posted : 29/08/2016 7:44 pm
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That wasn't the OP Greybeard.


 
Posted : 29/08/2016 7:49 pm

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