Neighbour has massacred my 30+yr old Acer with no warning

[FormidableMizzP]

My neighbour has hacked back my 4m high Acer beyond her boundary and at least 1ft into my garden. The branches are bluntly cut, not slanted, ragged, and the bark has been torn on all the cut branches. This tree is badly damaged, to replace it would cost around £5,000.

AIBU to seek legal advice and action?

For context: I'd always got on with my older neighbours (their grandson was a bit younger than my kids so they doted on mine too) until the husband Kent got Alzheimers then died 7yrs ago. We've shared a boundary for 20yrs, which is Kent and Jenny's responsibility, but Jenny now seems to believe her boundary is about 1ft into my garden yet expects me to keep her shrubs tidy.

Since then their adult daughter Maddie (my age) who I'd never even seen in 13+yrs started coming around more. But her and her husband Geoff were instantly hostile - I truly have absolutely no idea why as I'd always been very helpful and friendly with both Kent and Jenny.

There's a hedge in their garden at the front of their house. It's at the edge of my drive but entirely in their garden. Maddie and Geoff, after Kent died, decided that it was my responsibility to cut their hedge, which Kent had always maintained and insisted was his responsibility (for 13+yrs for me and at least 5yrs for the previous neighbour). Geoff was especially hostile and took my wheelie bin to dispose of the trimmings - usually I wouldn't mind and Kent did use it but he did always ask - Geoff did not he was extremely aggressive. He said because their bin was full, as their empty bin rumbled around the corner into view 😂

We share a fence at the back which I helped Jenny and Kent pay for 50/50 and she asked me to arrange, which I did, as I had a guy installing other fencing for me and her's was falling into my garden.

She has planted about 30 shrubs up against the fence, about 60ft long, which constantly grow over into my garden and her attitude has always been that I can cut back anything that grows over 😤. I only have 1 beautiful Acer which came with the garden and from aerial photos I have it's been in the garden at least 30yrs. It has been planted closer to the fence than it should but I've always trimmed it back every couple of years including anything that grows into Jenny's garden.

Yesterday I trimmed some lower branches of the Acer but my shoulder was hurting so I decided to finish off today after an appointment. I did see Geoff in her garden mowing earlier, but I came home to a totally butchered tree. The cuts are blunt, ragged and the bark is ripped on most of the branches and it's been cut at least 1 foot into my garden, not to her boundary line. The height has also been reduced by the genius Geoff by at least 2 feet on stems that are wholly in my garden.

There's other petty stuff that's happened as Jenny seems incapable of just speaking to me about things anymore, she sneaks across my drive under my kitchen window appearing at the door to rant and rave. Have had to close the door on her a few times in the past 3yrs, so we don't speak anymore as I prefer to put things in writing to reduce misunderstandings and avoid the ranting, but this seems to offend her. I feel I can explain it to her but cannot understand it for her. It's all become so exasperating.

This is the last straw. I am getting professional advice tomorrow from a tree surgeon I've hired before, but want to take legal action against her because I've had enough. Otherwise what will it be next?

I realise this is a first world problem but I can't afford any holidays for the forseeable, so my garden is my pride, joy and solace. Any advice would be much appreciated 🙏

Ooof I would be so sad. If it is a forever home yes I would pursue replacement. Bear in mind it’s not just the cost of the tree. You will need a crane, specialist transport. And an arboriculturist who is expert at moving veteran trees. And then it still might not take.

Mature trees don’t die overnight. There dieing is a slow process. So you will also need to ensure the legal agreement considers this and that if the tree fails to establish and dies in the next 5/ 10 years that they cover yet another replacement as a latent defect.

YANBU

I love my Acers and would be feeling quite murderous in your shoes.

But first, you need to get a report from an arborist.

Even if you buy a replacement it may not establish properly at that age. You really need a professional to guide you.

Your arborist should be able to identify sources of replacements or try somewhere like Paramount Plants.

Your neighbour should pay for your losses ( e.g. cost of arborist and replacement if appropriate)

You don’t need a solicitor

If the cost is less than 10,000 then you can make what was know as a small claim (Google Court Claim for Money and gov.uk )

Start with writing a Letter of claim

If they don’t respond then begin the legal process

The key is to be reasonable, keep to facts and leave out anything irrelevant when writing your claim.

Your local Citizen Advice may be able to help.

@bombastix please forgive my botanical ignorance, but I even had to look up what this tree was. Would you mind explaining the value to me? Is it not planted in the ground? Is a 30 year old tree transportable? Otherwise how or why would someone pay tens of thousands? Do you mean it adds to the value of the property?

get advice from a tree surgeon and then get a solicitor to warn them against cutting branches of your tree on your land.

I don't know why anyone would cut down an Acer that breaches into their garden? My neighbours have one and although it doesn't go over the boundary, I wouldn't care if it did. I love looking at it.

The Leylandii in the front of their garden is another matter though 🤣.

Furthermore, if it did breach my boundary ever, is there anything I can do to take a cutting and plant my own? I'm not a gardener 🤣, although I do know about having to give it back to your neighbour. They wouldn't be bothered.

Bloody hell.

So a whole bat feeding zone - gone. A whole mini-ecosystem in fact destroyed.

Condolences . I dread moving out of my house and having to leave the garden and the frogs to incoming urban heathens brandishing astroturf and pesticides. In fact I’m looking into what’s transportable from here to a new place, and what’s madness to even think about rehoming.

I know it's not the same, but I'm getting really upset about the fact that we are selling, and I'm more concerned about the cellar spiders 😭. I'm moving them to the shed, and I just hope they are doing ok.

I know what you mean
For us it was the fox. She lived at the back of our garden ( we’d made a little shelter amongst the trees ) and her cubs throughout the years loved jumping on our trampoline.
Then there’s the robin family. They’re very territorial so what’s happened to them now the trees and hedges are all gone.
They also got rid of everything during breading season so all those birds, bugs and lady birds killed as well

Honestly If I’d got a hint of what they were going to do I wouldn’t have sold to them

In terms of bats.
It gets worse

We moved to a farmhouse and the barns next door had masses of bats. I’d sit of an evening watching them swoop around our garden. I could spend all night watching. There were more than 20 of 4 different kids all rare and obviously protected
Then 2 years later a twat and his wife bought the barns and took the roof off of one of the barns. We reported them and the bat guys did a survey but not one was left
They'd killed the lot
No sign of them ever going to court over it despite previous survey proof that they existed.

Sure. To be clear, you can grow an Acer in a pot, because they have quite a small root system. So you could move them. I move mine from garden to garden.

The reason they can became so valuable is basically they take a very long time to grow, and if pruned or managed correctly, assume a very beautiful shape which is not really replicated by any other tree. Their leaves will have been bred (possibly over centuries in Japan but now in other countries) to assume different shapes and colours over all the seasons (other trees do not do this to the same extent).

I think Chelsea is coming up and because they are pretty much at the best you often see them there. There is one Japanese designer who wins gold there every year with acers on en masse and sparked my passion for them 16 years ago.

The bottom line is that you can’t replace them at this age. No one will sell you a 30 year old well shaped Acer. If they do, please let me know. I could rent one, possibly.

Obviously I am nuts about them but you can pick a fairly standard Acer up at the Supermarket or garden centre.

I would encourage everyone to try them. Good varieties are Katsura and Osakazuki (old Japanese).

I suspect jenny has dementia and has become obsessed and hostile .

@bombastix thank you!

Here is why acers are prized. Gold (again) at Chelsea

www.theenglishgarden.co.uk/news-and-events/rhs-chelsea-flower-show/rhs-chelsea-garden-of-the-year-2025/

I wonder if a solicitor’s letter would help? Threatening action/suing? Basically, it sounds like criminal damage. If you aren’t planning on moving, you have nothing to lose.

How awful. Both your comments made me sad. Sad about how much damage we can cause, even as individuals. I can't even begin to imagine the destruction caused by the world's population each day, nor would I want to.

I take comfort from stories like yours though, of the vixen and her cubs. You did that. So whilst there is immeasurable destruction through the world on a daily basis, there are also stories like yours that don't get heard, and all added up, they'll amount to something significant.

Acres love a good prune. It won’t die if it’s 30 years old. You can cut it back hard and it will keep coming

take a look here. The really expensive trees are POA https://www.architecturalplants.com/garden-construction-and-planting/?_gl=1q1cajv_upMQ.._gaNzkwOTA5MTQxLjE3NDc5NDY2MzU._ga_G6FLEPNWLJ*czE3NDc5NDY2MzQkbzEkZzEkdDE3NDc5NDY2NjkkajAkbDAkaDA.

People like that shouldn't be allowed to buy gardens with trees in, should be limited to concrete patio crap.