...to be annoyed with axe-wheeling neighbour?

[Catz]

OK the title probably sounds more exciting than it is!

Yesterday we were doing a bit of gardening and noticed a large gap in the vegetation at the back of the garden. A tree that had been growing about half a metre inside our garden was now a stump with holes drilled in it. Popped our head through and there was neighbour with many garden tools strewn around him. Conversation went something like this:
us - erm have you chopped down our tree?
him - yes it was overhanging our garden.
us - hmm well that doesn't really entitle you to come into our garden and kill it does it? Anyway you could have mentioned it if it was a problem.
him - but it doesn't mater, I'm going to put a shed here so there'll be no privacy issues
us - but we quite liked seeing a tree there not a shed and anyway it was our tree!

etc Now I'm a lawyer and I know you're not entitled to tramp on to someone?s garden and kill their trees because they overhang your property. OK cutting off branches that are overhanging is OK (even then you should tell the owner first) but not axe murdering it. I told him this and he muttered something about the branch scratching his guttering and walked off. Later he came round and apologised (presumably having checked and realised I was right) and admitted that he'd also put poison on our plants.

Now I don?t want to get into a silly neighbour dispute so we left it there but in retrospect I?m pretty angry. I don?t expect everyone to know the detail of the law but surely it?s clear that it?s unreasonable to go onto someone?s garden and chop down their plants without telling them isn?t it ?!?!?!

[Tigana]

He went onto your land and not only choppped it down, but if it has had holes drilled in teh stump he has poured chemicals onto it to prevent re-growth! Without your agreement!!!

Good for you in trying to turn the other cheek and not fly onto his land and start huge turf war.

Suggests he buys you a replacement sapling of some sort.

[whiskeyandbeer]

depends where he was wheeling it to.

[Tigana]

Suspect he was wielding an axe rather than wheeling it though

[Catz]

woops yes - that's what trying to type with one hand whilst feeding does for you!

[WanderingTrolley]

Get in touch with CAB.

You could be entitled to compensation, though I would advise treading very carefully with a nutjob neighbour. Good to know your legal position though.

Tigana's suggestion of his forking out for a sapling is a good one.

[LowFatPumpkinJuice]

How did you react so calmly!! If I was you I'd be wanting to sue the pants off him - esp given he's put poison down - do you have small children who play in the garden or pets?

[Catz]

The thing was that he seemed genuinely surprised that we were annoyed! I?m a bit concerned that if we get into compensation claims he?ll claim that the tree was damaging his property (it?s at least 10m from his house and is only a small tree but it was near his garage) and that we?ll have real problems with them in the future (his wife is a bit of a nightmare and I could hear her standing in the garden moaning about how unreasonable we were just before he came over and apologised).

[Catz]

Fortunately we just have a newborn. Actually that's probably why I was so calm - I'm still in a bit of a daze- she was in her pram at the other end of the garden and I could just hear her starting to cry so I just wanted to get to her. It was only when I thought about it later that I started to get really annoyed.

Thanks for all the replies - glad to know it doesn't seem an odd thing to be angry about!

[Tigana]

Solution: stomp and rant here on MN about how rude and amazingly thoughtless he has been. But in RL grin and bear it for the sake of neighbourly peace.
Mind you, keep an eye on him (and his axe) getting near your garden again!

[LowFatPumpkinJuice]

Okay. But still putting down poison - he may actually have ruined you soil so nothing else will grow there!

[WanderingTrolley]

Good point about compensation claims - but still a good idea to know what your legal position is, without actually rubbing his nose in it, iyswim.

Also, a bit of a worry about the poison.

And, why cut down your tree when he's going to bung a shed next to where it was?

Oddd.

[Catz]

I think the overhanging branch was in the way of where he wanted his new shed's roof to be. If he'd asked we'd have been very happy for him to lop off the branch but not the whole tree!

[worzsel]

Legally your only allowed to chop off branches that overhang on to your property and even then you have to make sure you return them to the owner. I'd be livid if someone came in to MY garden and chopped down one of MY trees, it think to be honest i'd resort to calling the police !

[onetiredmummy]

The part of his shed that looks on to your garden - paint it green & tell him its because its an eyesore from your house