Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
CourtneeLuv · 10/07/2022 17:53

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?

I'd poison give fucking tree, the stupid cunt.

AssignedSlytherinAtBirth · 10/07/2022 17:54

I would be inclined to go with the suggestion of giving a bottle of wine, along with apologising profusely about not offering the cuttings back. You've said it was an oversight. Say you really love the tree and its offspring will be growing once the original tree has passed on (or whatever it is that old trees do!). Yes, he is batshit, but for the sake of neighbourly relations I would try to smooth it over. Does he have a wife who might listen to your explanation/apology?

SkiingIsHeaven · 10/07/2022 17:56

Tell him that they self seeded and you just moved them to a different part of the garden.

uggmum · 10/07/2022 18:00

I wouldn't offer him money as you are effectively admitting liability.

You are entitled to cut back any branches that are overhanging your property. Technically you are supposed to offer them back to him.

He sounds utterly bonkers and I
Imagine if you had done this then he would have had a different issue with you and accused you of vandalism. You just can't reason with some people.

Just disengage with him. Let him crack on. I'm sure a solicitor will be happy to bang out a letter for him for a fee.

I would just ignore him. However, as soon as it overhangs again return all the branches to him. A nice big pile outside his front door

Mummyoflittledragon · 10/07/2022 18:01

If the tree reminds him of his mother, he’s foolhardy to have planted it in such a way that you, the owner of the adjacent property could destroy it on one side if you didn’t want it hanging in your garden.

If he wants to take you to small claims, I’d say let him tbh. You cut a few branches from his tree.

Hyperion100 · 10/07/2022 18:05

Spray them with glyphosate and give them back.

pigsDOfly · 10/07/2022 18:07

We'll he's wrong in saying that you're not allowed to cut the tree, of course you can, you can prune it back to the boundary of your garden if it's over hanging.

However, as pps have said, you should have offered the cuttings to him.

From the sound of it he's more upset about you cutting the tree than anything but he'll have to deal with that.

Police won't be interested as I imagine this is a civil matter not a criminal matter.

If he wants to spend money taking you to court about it there's not a lot you can do really.

I doubt taking a bottle of wine round to him, as pp suggested, is going to calm him down. He sounds pretty unreasonable tbh.

I'd be inclined to cut them off from the ground, or dig them up if possible, and offer them to him. I'd also prune the tree and offer all the cutting to him, just to make a point.

CloseYourEyesAndSee · 10/07/2022 18:08

This reply has been deleted

We've removed this post as it's not in the spirit of the site.

Oh give over

Fe345fleur · 10/07/2022 18:08

I think this is the most surreal thread I've read on MN. OP, I'm sorry that your neighbour is an aggressive arse with too much time on their hands.

SpongeBobJudgeyPants · 10/07/2022 18:11

The police will absolutely not say this. They'll laugh and say he's crazy, and that they don't get involved in petty neighbour disputes

This. Unless one of you had actually murdered the other over this ridiculous situation (on his part) you wouldn't get the police to turn out.

viques · 10/07/2022 18:15

Do you know anyone with chickens? As far as I remember from a friend chickens really love willow .

Cut him some more cuttings ( from his own tree heehee) sounds as though he won’t know what to do with them anyway. or offer to plant them for him, remembering to plant them as close to a drain as you can………..

TooManyPJs · 10/07/2022 18:18

What a bizarre thing to decide to fall out with your neighbours over (him not you).

WhimsicalGubbins · 10/07/2022 18:19

This made me laugh so much that I had to do a bit of research.

Believe it or not, under the Theft Act 1968 it’s an offence to keep cuttings from a neighbours tree even if it’s encroached onto your land.

However, I absolutely cannot see the police being remotely interested in this absolute waste of time and resources. Also, to prove it came from the same tree they would have to take samples for jab analysis-which is absolutely not something they’re going to waste precious money on with all the cuts the force has had to make over the years.

AlwaysLatte · 10/07/2022 18:21

He sounds a little mad. Can you cut off pieces that are the same size as the ones you took? After all you don't owe him any more than you took.

I don't think you should dig them up. Willow trees are lovely. Our last one reached 40ft and when it came down in the last storm we planted two more.

IncompleteSenten · 10/07/2022 18:22

If it was me and he wouldn't shut the fuck up about it, I'd cut the saplings into little pieces and hand them back.

They came to you as cuttings, they can go back to him as cuttings.

Bard6817 · 10/07/2022 18:23

David Austin roses are not a protected species, and if you do take a cutting, at best they could go for a civil case of breach of contract, but no doubt a Mag would ask for a copy of the contract or proof you agreed to t&c’s. It’s not a criminal matter and thus, cannot be illegal.

As for the Willow…. Dig up the trees, remove the roots and return the dead cutting. I can’t see what would transpire legally if you refused to return them, but i’d make sure that’s not an option.

Id also ensure that any willow roots coming into your land were discreetly spiked with a weed killer.

I imagine that he is upset due to the trees perhaps taking away from the standalone presence of a willow can give.

Id look at planting Japanese tree(s) acers or something beautifull, including cherry blossom. Id also get some horsetail, which are almost as naughty knotweed and make sure they they get deep rooted. All complimenting your new bottom of garden oriental theme…. Might take 4 years but you can ask annually for your horsetail back. He will never get rid of it and you can enjoy payback for an lifetime.

GreenFingersWouldBeHandy · 10/07/2022 18:23

I'd be inclined to cut them off from the ground, or dig them up if possible, and offer them to him. I'd also prune the tree and offer all the cutting to him, just to make a point.

Bugger that!

If they were hanging over your side of the fence you are entitled to prune the sacred tree.

BackToTheTop · 10/07/2022 18:26

Of course you should have planted them, he's bat shit and the police would just laugh at him, as would a solicitor. Just ignore him

BackToTheTop · 10/07/2022 18:27

By his logic if an acorn falls from a tree, any trees growing from the acorn are his legally - bat shit !

EveningOverRooftops · 10/07/2022 18:27

What I would do give him EXACTLY what he wants back. the cuttings you took from the tree.

cut the willow of the approximate size and number of the cuttings you took.

tell him you took eg 10 cuttings of around 12 inches in length and these are those cuttings if he demands the rest just casually say ‘oh, that’s my time, effort, land and water costs to keep them alive, I couldn’t put a price on that.’

DogInATent · 10/07/2022 18:29

I'd take 3' off the top of each. Return the rooted cuttings. Cut each of the 3' sections you've retained into two 18" slips and set those six cuttings in pots.

Guess what's going to happen in a couple oy years when those cuttings tack, root, and reach 6'? - yup, he'll get upset, so rinse and repeat. You'll be slowly filling his garden with Emotional Support Willows.

Whomp away!

onmywayamarillo · 10/07/2022 18:30

Willow grows like wild fire ! It grows out of old cut off stumps
Personally I'd dig them all up and get rid, they undermine foundations and are an absolute bugger to kill

Send them back to him 😀

RudsyFarmer · 10/07/2022 18:31

Have you written down the fact they were cuttings from this tree or was this all verbalised? I’d be inclined to just ignore him and let him spend some money on solicitors and then ignore them too.

the police will say it’s a civil matter so don’t worry about them.

EveningOverRooftops · 10/07/2022 18:32

DogInATent · 10/07/2022 18:29

I'd take 3' off the top of each. Return the rooted cuttings. Cut each of the 3' sections you've retained into two 18" slips and set those six cuttings in pots.

Guess what's going to happen in a couple oy years when those cuttings tack, root, and reach 6'? - yup, he'll get upset, so rinse and repeat. You'll be slowly filling his garden with Emotional Support Willows.

Whomp away!

Emotional support Willows 😂

Sweatinglikeabitch · 10/07/2022 18:35

Have you told him about the cuttings? Could you just tell him they must have grown from seeds. Nothing to do with you. You're not digging your garden up.
How is he going to prove you grew them from cutting?

Or tell him you bought saplings and they're nothing to do with his tree. Whats he gonna do, get a DNA test all for the sake of probably a couple hundred quid?