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Legal matters

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Neighbour pruning our tree - NOT on shared boundary.

33 replies

PastMyBestBeforeDate · 02/07/2021 17:51

I was in our living room today when our neighbour walked across the front of our property and started cutting branches off a tree that is solely on our land. This tree is the opposite side of our property to his property.
It isn't impeding access to anywhere. There's no reason or right for him to do it.
Here's my question. He has left the branches on our garden. We now have to clear it away and dispose of the pile he has created. Can we put the pile in his garden or can we put it in his garden waste bin when he puts it out? He's in dispute with the council and insists on leaving it right next to that bit of our garden so it would be handy. Or are we responsible for it?
DH will probably quietly tidy it up but I'd like to know the legalities of it.

OP posts:
Purplewithred · 02/07/2021 17:54

I dont think disposal is the issue, it’s the fact he trespassed on your property and hacked your plant without permission. WTF?

Disfordarkchocolate · 02/07/2021 17:55

Sorry if I didn't understand but did it overhang his property in any way?

Wombat36 · 02/07/2021 17:56

Why weren't you out there yelling at him?

SheldonesqueTheBstard · 02/07/2021 17:56

I would give no hoots about disposal either.

I would be making a right old fuss at my trees getting hacked.

Faranth · 02/07/2021 18:03

Sorry, you watched tour neighbour commit criminal damage and didn't go out and tell him to stop?! Why?!

PastMyBestBeforeDate · 02/07/2021 18:07

Disfordarkchocolate no, nowhere near his property. No overhang.
I can't get out easily (disabled) and he was wearing ear defenders so no point me yelling at him. I called DH who did come and get him to stop but it wasn't until later I was able to check what had happened with the stuff he'd cut off.

OP posts:
AssassinatedBeauty · 02/07/2021 18:09

Did have a reason for why he was doing it? I'd just call the police non emergency and report it as criminal damage and be clear that you witnessed him doing it.

PicsInRed · 02/07/2021 18:12

Surely you would photograph and make a police report for criminal damage, rather than return the evidence?

People like this need extremely firm boundaries and also rapid consequences, otherwise they become emboldened, entitled and totally impossible to manage in the long term.

PastMyBestBeforeDate · 02/07/2021 18:17

There's no point ringing the police tbh. I don't want to start a dispute that has to be declared. He's already unpleasant enough and we do have to live next door to him. I do have a long term evil genius revenge plan. Grin

OP posts:
unfortunateevents · 02/07/2021 18:25

So when your DH asked him to stop what happened? How much of the tree had he cut at that point? What was his explanation for his actions - or did your DH just let him walk off?

AssassinatedBeauty · 02/07/2021 18:26

are you planning on selling soon?

PastMyBestBeforeDate · 02/07/2021 18:37

Honestly he gave some bullshit explanation and said he hadn't wanted to disturb us. He's bigger than DH and as I say he's already unpleasant to live next door to. All low level stuff where he thinks he's king of the world and has zero self awareness.
We're not planning on moving but if my disability increases we might need to.

OP posts:
PastMyBestBeforeDate · 02/07/2021 18:43

He'd cut 4 or 5 smallish branches before DH got to him. Fortunately it's not a tree I'm sentimental about, it's not a delicate tree and the damage isn't visible from the house.
He's not a gardener though. He just has tools and hacks at things.

OP posts:
AssassinatedBeauty · 02/07/2021 18:44

It's your tree, even though he caused the criminal damage and made the pile of branches. So putting it in his garden or bin is probably not legally justified. And if your main concern is not to antagonise him further then probably also not advised. I would not be surprised if he becomes bolder in his actions if there is no comeback for him as a result of this stunt.

ChardonnaysPetDragon · 02/07/2021 18:45

I’d be pruning his bits with blunt secateurs to be honest.

PastMyBestBeforeDate · 02/07/2021 18:50

I don't think he will Assassinated. It's not to annoy us. He just doesn't think anyone else matters. He does what he wants when he wants and doesn't see why he shouldn't. It would be a massive shock to him to know how much his neighbours (not just us) dislike him! He thinks he's a pillar of the community.

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HmmmmmmInteresting · 02/07/2021 18:52

What the what now? Shock

AssassinatedBeauty · 02/07/2021 18:54

Maybe someone should tell him that everyone hates him...

MilduraS · 02/07/2021 18:59

Having worked at a solicitors, I can guarantee you the police will say "it's a civil matter". I had so many calls about things like this where I suggested calling the police (because yes, they broke the law) and the response was always "I did call the police and they said it was a civil matter and I should contact solicitors". The only problem is that unlike the police, solicitors charge hundreds of pounds an hour to issue an injunction and it's not a quick fix. So so frustrating for the people dealing with nightmare neighbours.

GloriousGoosebumps · 02/07/2021 19:04

Ok, so he's given you some batshit explanation but what do you think his real motivation was? Just to piss you off?

debwong · 02/07/2021 19:07

I guess he thought it was blocking his view?

PastMyBestBeforeDate · 02/07/2021 19:32

OK. When he's putting his bins out in the place they shouldn't go and about which he is arguing with the council, he needs to step on our land and has to duck under a few branches to do so.
Real motivation is to remove this minor annoyance to him. It being ours, on our land and him having no right to be there are irrelevant.
deb you guess wrong. His view is not improved in any way.
Assassinated I will but not yet. Would ruin my plan Grin
Mildura yes I agree, the police won't do anything.

OP posts:
FATEdestiny · 02/07/2021 19:44

Do the branches overhang a public road, pavement or footpath?

PastMyBestBeforeDate · 02/07/2021 19:50

No.

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4PawsGood · 02/07/2021 19:52

Can you put a fence up, then?