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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Neighbour accused me of stealing their tree

257 replies

Ahelena79 · 10/07/2022 16:12

So our neighbour has a lovely willow tree. It does slightly overhang our border however I am very happy with that as it provides a lovely bit of shade in that corner of the garden which the kids sit under on hot evenings.

Around 4 summers ago I took several cuttings from this willow tree. I didn’t really think to ask at the time as they were nearly touching the floor of my garden and had no real impact on my neighbours life. Instead of chucking them back over the fence aggressively (which other neighbours have done to me!) I decided to plant them to grow a bit of a willow garden in one corner.

These willows have absolutely taken off. There’s about 6 in total all taken from branch cuttings. They are really tall now and can be seen from over the fence (which is 6 foot!)

My neighbour has recently seen them and is now demanding that his property is returned to him. He says I had no right to cut the willow and that they have always been his property even though I have nurtured them to life in the form of new trees. He says he will be contacting the police and threatening legal action. He told me that the willow is taken from cuttings of a family tree that was in his mothers garden and he considers it family property which he wanted to hand down to his kids but I’ve now stolen that from him?? He is absolutely crazy to be honest and I’ve had no previous dealings with him and I’m glad of that now!

Where do I stand legally on this?

OP posts:
thenightsky · 10/07/2022 16:14

Let him call the police. He sounds bonkers.

dementedpixie · 10/07/2022 16:15

Legally you should have offered any cuttings back to him. Could you not have just said you got them from elsewhere?

Poppyseed14 · 10/07/2022 16:16

I'd say the police will get a good laugh from this. He does sound bonkers.

Dontfuckingsaycheese · 10/07/2022 16:16

Willow roots can cause absolute nightmares with drains and sewers. I’d think twice about encouraging them.

CredibilityProblem · 10/07/2022 16:16

Hmm. He's technically correct that the cuttings belonged to him and should have been thrown back over the fence, but he's also batshit crazy. The cops will not be remotely interested.

Ahelena79 · 10/07/2022 16:17

dementedpixie · 10/07/2022 16:15

Legally you should have offered any cuttings back to him. Could you not have just said you got them from elsewhere?

I know legally I should have. I just didn’t think at the time. I have already said to him how I got them as I never thought in a million years he would demand them back

OP posts:
YellowHpok · 10/07/2022 16:17

Ignore him and etc him crack on. He is going to have to prove you didn't offer them back, which he can't.

He sounds insane.

CaptainBeakyandhisband · 10/07/2022 16:17

I’ve put that YANBU because he is being bonkers but I think technically whilst you are allowed to cut the tree which overhangs your property the cuttings remain his property, and you are meant to throw them back over (but nobody ever does). So that makes it interesting - you have grown something from his property, but they only exist because you grew them. Interesting situation.

SirChenjins · 10/07/2022 16:18

From a legal pov you should have offered them back to him, but I’m not sure that the police will do anything if he complained.

How did he know you’d taken the cuttings from his tree?

ThreeLittleDots · 10/07/2022 16:18

He has to prove the theft and he can't. Ignore him / his reps.

Lurkerlot · 10/07/2022 16:18

Did you tell him you had grown them from cutting of his tree?

MandSStoreManager · 10/07/2022 16:18

Does he know that they came from cuttings, or does he just suspect?

Ncwinc · 10/07/2022 16:18

You have every right to cut the bits that overhang your garden but no right to keep the bits. He sounds rather odd so I would ask him specifically what he wants done with the branch cuttings you have planted and all future branch cuttings and do exactly that. Life’s too short.

Tonysopranosghost · 10/07/2022 16:18

Yeah, legally you should have offered the cuttings to him but I can't see him getting far with it. He's being ridiculous.

If he mentions it again say they didn't come from his tree, admit nothing!! 😂

lioncitygirl · 10/07/2022 16:18

😂 he sounds crazy.

ZaraSizeMedium · 10/07/2022 16:20

"I look forward to hearing from the police and your solicitors"

and then ignore, ignore, ignore.

Timeforabiscuit · 10/07/2022 16:20

I'd let him crack on with the police or solicitors, if the cutting was done on your land, and provided the tree wasn't damaged and the plant wasn't under a patent, I can't see what crime has been committed?

JellyBabiesSaveLives · 10/07/2022 16:20

Well he’ll give the police a good laugh

Can you take cuttings from the new trees that are the same size as the cuttings you took from his tree and give those to him?

Fladdermus · 10/07/2022 16:21

Your neighbour is proper bonkers.

ManateeFair · 10/07/2022 16:21

He’s insane and the police will tell him to get lost. He can’t prove your tree came from his cuttings anyway. He’s absurd.

Ncwinc · 10/07/2022 16:21

www.rhs.org.uk/plants/types/trees/the-law

look under Frequently Asked Questions - practical issues

’Once branches are cut off they should be offered back to the tree owner. If the owner doesn’t want them then you will be responsible for disposing of the prunings; you can’t simply throw them over the boundary into your neighbour’s garden!’

forrestgreen · 10/07/2022 16:22

Tell him you spoke to your dh, he said those died so he replaced them with ones from the garden centre...

CloseYourEyesAndSee · 10/07/2022 16:22

JellyBabiesSaveLives · 10/07/2022 16:20

Well he’ll give the police a good laugh

Can you take cuttings from the new trees that are the same size as the cuttings you took from his tree and give those to him?

Do this
replace like for like and he will have nothing to complain about...

WeAreBob · 10/07/2022 16:23

The police probably won't do anything but you've fucked that neighbour relationship.

He is right. The cuttings belonged to him. You can cut anything overhanging but you need to offer them back.

Most people wouldn't care and most people will think he is totally nuts, but we don't have to live next to him. You do, and he clearly cares a lot about this as it is linked to his mum.

I'd take the approach that his mum would surely enjoy the tree being spread like that. If she loved it then wouldn't she love to see more of them? But he is taking the opposite approach. It's his mum's and he wants it back.

Sorry, but whatever you do this relationship is probably going to remain difficult.

Cherrysoup · 10/07/2022 16:23

You have 6 willow saplings? Seriously, if they’re anywhere near the house, dig them up now or you will destroy your foundations. Give them to the neighbour!

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