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Original poster

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:
Notimeforaname · 10/07/2022 17:20

This is sad. Imagine being that weird and selfish that you begrudge someone growing a plant from a cutting when it didn't damage the original. Some people are so mean. What a sad, sad man.

StillCuriouser · 10/07/2022 17:22

What a spiteful suggestion.

8misskitty8 · 10/07/2022 17:23

If he cared so much about his tree then he would be maintaining it properly. Leaving it to grow and hang over the fence nearly touching your lawn is not caring for it.
It could be he’s tried to grow his own trees from cuttings and it’s not worked. Then saw yours and is jealous you’ve succeeded where he’s failed.
Either keep them and deny you said they were cuttings from his tree or dig them up and destroy them before giving back.
Either way I’d be cutting the tree right back to your boundary and throwing it over from now on.

TheHumanExperience · 10/07/2022 17:23

How does he know you took cuttings from the tree and planted them? They could have fallen off and planted themselves.

Anything over the boundary line of the fence you can legally cut off along the fence line. I do this regularly. However regulation states you must 'offer' them back to the owner, which they may refuse. I don't know anyone who does this, myself included.

He sounds like a right (insert appropriate term here)!

I would completely ignore him and blank him. No answering the door, messages or any attempt at communication. Whatever he threatens you with, I doubt he will spend hundreds of pounds trying to take it through court. It is not a police matter and they will not get involved.

Maybe he's bored and needs a grievance to give his life some meaning. Don't be the fuel to his fire. Don't engage. When you trim the overhang, pop them in a bag with a note on his doorstep and take a picture of the note/date/bag for future ref/evidence.

StillCuriouser · 10/07/2022 17:23

I meant to quote the suggestion of cutting back his tree so it dies.

Notimeforaname · 10/07/2022 17:23

you are a thief

🤣🤣🤣 keep em coming. This is gas.

Gymnopedie · 10/07/2022 17:25

To have committed theft you'd have to have intended to permanently deprive your neighbour of his property - eg. you'd hired a digger, dug up his tree and moved it to your property.

But she took cuttings. Which belong to him. Didn't give them back and grew them on, so he can never have those particular cuttings back ie he has been permanently deprived of them. No need for diggers.

And although the thread title may say he's accused OP of stealing his tree, that's not what the text of the OP says.

OK it may seem petty when it's just a few cuttings that haven't harmed him or caused his tree to die, but if you're going to quote the law get it right.

And I too feel there's more to this that just the physical existence of the trees, I agree with @ClumpingBambooIsALie that this is about sentiment and that the tree is special to him.

I'm not sure that in the long run these things will change anything, people will still think he's batshit, but I think it's more nuanced than that.

FishcakesWithTooMuchCoriander · 10/07/2022 17:25

He can call 101 and the police will send someone round in approximately 6000 years when it reaches the top of the priority list.

BellaTheDarkOverlord · 10/07/2022 17:26

I'm sure the willow roots are so big under the original tree that they have come up above ground at the other side of your garden which can't be helped 😉

Notimeforaname · 10/07/2022 17:26

so he can never have those particular cuttings back ie he has been permanently deprived of them

🤣🤣 wow.

Maytodecember · 10/07/2022 17:26

Dig them up, take them round to him saying you really did not realise they were so precious to him. He must have them back etc… ( you could dip the roots in weed killer first if you want to) He now has seven trees.
Cut the part of his tree overhanging your garden and give him back nearly all the cuttings, ( dump them on his drive) root a few for yourself and when they’re spotted say you admired his tree sooooo much you bought several at the garden centre.

MrsEricBana · 10/07/2022 17:30

You definitely should limit any further involvement. Honestly I'd be inclined to cut them down at ground level and put them by his front door with a note saying "Apologies, overhanging willow as requested" then plant something else and have nothing to do with him ever again. (obviously you shoudn't have to do this, he is 100% batshit but you want it over, these things can escalate)

SquirrelSoShiny · 10/07/2022 17:31

Just marking place because I need to know how this ends.

Butitsnotfunnyisititsserious · 10/07/2022 17:31

I'm not sure that in the long run these things will change anything, people will still think he's batshit, but I think it's more nuanced than that.

Nah he's batshit. He didn't care enough about the trees to not allow them to overhang his neighbours garden.

dippingdots12 · 10/07/2022 17:32

How ridiculous. He sounds unhinged tbh!

Jebatronic · 10/07/2022 17:33

Hi, can you give him the original cuttings back - eg the bit that is from the ground to the height that corresponds to the original cutting, so if you took 50cm x 6 for example, then return 50cm x 6 and show him that you have cut it back to the ground.
You should be left with lots of roots and bags of cuttings - next time you can tell him that the cuttings were not taken from his sentimental willow. It might be enough to shut him up and give you some peace.
I’m not sure if anyone would know if bits that you grow on from the branches that you (eventually)returned, are his property or not ( assuming you ever told him)

Cameronnorrieisabitofalright · 10/07/2022 17:34

Snip a cutting off each and hand them over..
Surely that's the end of it?. Your soil that nurtered them!

TokyoTen · 10/07/2022 17:34

He is bonkers... but I'd be careful in case he takes his stupid complaint further. I would log every interaction with pics just in case he does.somethinf weird like goes to court. He's a bell end though.

MintyGreenDreams · 10/07/2022 17:36

Tell him to fuck off

GreenFingersWouldBeHandy · 10/07/2022 17:37

I think the police probably have better things to do with their time. Let him crack on.

Irridescantshimmmer · 10/07/2022 17:39

Your nieghbour is being a comokete haemorrhoid.

Irridescantshimmmer · 10/07/2022 17:40

Samsung keyboard driving me nuts.

* complete*

Gymnopedie · 10/07/2022 17:44

Notimeforaname · 10/07/2022 17:26

so he can never have those particular cuttings back ie he has been permanently deprived of them

🤣🤣 wow.

I'm not commenting on the batshitteriness either way. I was addressing a point made by a PP that for theft to occur you'd need a digger to remove it by the roots. As far as the law is concerned, yes taking the cuttings is theft.

I'm not sure that in the long run these things will change anything, people will still think he's batshit, but I think it's more nuanced than that....Nah he's batshit. He didn't care enough about the trees to not allow them to overhang his neighbours garden.

People aren't always rational when a bereavement is involved. And trees often overhang gardens, that's why the law is there.

JemimaPuddlegoose · 10/07/2022 17:48

People aren't always rational when a bereavement is involved.

Let's be careful not to embroider.

There's no mention in any of the OP's posts about the neighbour's mother being dead.

Vikinga · 10/07/2022 17:51

Tell him that if he was that concerned, he shouldn't have his tree overhanging your garden and you hear that willow tree roots spread far and wide and if you wanted to you could cut those roots under your garden.

Tell him you snipped it because it was touching the floor and rather than waste them, you decided to plant them. You can show him how to do it if he wants it.

His willow tree is nice but you could easily have spent a few quid and grown those and they would have been just as nice.

I've got plum tree shoots growing into my garden from my neighbour and I regularly mow them down. Wouldn't occur to me to give them back. I let one near the fence grow and now I've got plums growing!