Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Neighbour cut down tree on our side of fence. Any legal redress?

11 replies

ohmeohmyforgotlogin · 01/07/2013 20:59

arse of a neighbour has on numerous occasions cut well over the fence line and totally removed a newly planted shrub when he fixed a fence panel. We have let this slide for the sake of relations. Today, he waited till we were out and cut 8 feet of our silver birch and several feet of another tree, none of which were on his side of the fence. 2 yrs ago he asked me if he could do that to get a bit more sun on his patio and I said no.
Is this criminal damage? Can we make him pay?

OP posts:
Boomboomboomboom · 01/07/2013 21:26

It is trespass and if you like litigation you could sue him for damages, and get an injunction restraining further such trespasses - but it is likely to be expensive and lengthy. However, a letter from yourselves, or perhaps a solicitor or direct access barrister might be enough to make him think about doing it again.

Have a google of gardenlaw as there is a good forum dispatching garden specific advice and such like.

As for criminal damage - well yes, technically it probably is and you can report it, but whether the police would be interested - not sure.

One word of warning, if you do anything more than speak to him (complain officially or put something in writing), it is likely to be disclosable if he is still there if you decide to move, which might make it difficult to move. Some sellers formers are actually worded such that even oral disputes would have to be disclosed.

ohmeohmyforgotlogin · 01/07/2013 21:46

Thanks for that... Food for thought. He doesn't see he has done anything wrong. The whole world revolves around his barbecue and patio

OP posts:
Collaborate · 01/07/2013 23:12

Eucalyptus grows like buggery, and would be a handy replacement. Set up a fake CCTV camera looking over it.
Even if the CPS take no action, a warning from your community bobby may have the desired effect. It is certainly criminal damage.

ohmeohmyforgotlogin · 02/07/2013 18:15

We are waiting for community bobby to call us back. I spent most of the night dreaming up fantasy revenge. Including fake webcam. Or dipping cat in weedkiller and lobbing it over the fence! Annoys me he doesn't get that he has done wrong. Idiot man.

OP posts:
Bunbaker · 02/07/2013 18:18

While your neighbour has behaved unreasonably, I would be worried if a neighbour of mine had a tree that was so large that it blocked the light from my patio.

Eight feet is a lot of tree to cut down.

Collaborate · 02/07/2013 18:28

Large trees have their place in gardens. Not so near to the house though that the foundations are threatened.

They add so much to the amenity of an area. Just before we moved in to our current house TPOs were placed on all the large trees as an emergency measure after one homeowner decided to take down 3 60ft beech trees. My view over the back gardens would be much sadder were I not to see glorious trees. Think of the wildlife too.

Coconutty · 02/07/2013 18:29

This reply has been deleted

Message withdrawn at poster's request.

OnTheBottomWithAWomansWeekly · 02/07/2013 18:31

Silver birch is lovely and is not a dense, light blocking tree. I want one for my (tiny) garden.

He's an arse.

ohmeohmyforgotlogin · 02/07/2013 18:46

Was quite sparse foliage wise as he had already cut off anything remotely over the fence line. They are 100 foot gardens and tree is approx 15 feet from end of garden. Shades his patio for about 10 mins before sun goes down. Same patio that is half covered with large umbrella FOR SHADE.

OP posts:
ohmeohmyforgotlogin · 02/07/2013 18:47

And it is a " garden village" ... Clue is in the name.

OP posts:
Bunbaker · 02/07/2013 19:41

Right, I stand corrected then Grin

New posts on this thread. Refresh page
Swipe left for the next trending thread