What to do if someone enters your garden and cuts down a tree leaving remains behind?

[rileynexttime]

Bit complicated and my keyboard is AWOL.
Person doing damage is a bully. He will argue that tree is dangerous and damaging wall. It is possible but no evidence.
My thinking is that expensive legal action only option and trespass is a civil matter so police won't be interested.
@Burnoutbabe saw on another thread that you've just completed a law degree , any thoughts?

It's criminal damage although the police unlikely to do much.

What do you want from him at this stage? To plant a replacement tree? To clean up the mess? I'd think you could pursue him
for the cost of either of those (damages for the loss you have suffered as a result of his trespass).

This happened to friends - neighbours crossed over 6’ of the property to cut down their (my friends’) tree as it was blocking their view (of my friends garden!). My friends did go to the police who went round and had a word. They also advised that my friends wrote to all the neighbours explaining that they had had this happen and that any future issues would be taken to court (or something - I can’t quite remember and it sounds bit weird but writing it down now).

My neighbour knocked one night to tell dh see had a tree surgeon coming next day to cut back our tree!
No talking to the batshit woman or the bloke who butchered our tree. Rang planning as it had a tpo on.. He said not to worry it will grow back. Absolutely pointless dialing his number.

Set up a camera on your garden so if he does this you have evidence?

Is there a tpo on it? Maybe trim tree before he has opportunity.

I’d be considering a row of Leylandii to replace the single tree.

This happened to me at the my old home that I rent out . Neighbour cut down a beautiful, established cherry tree without asking . It’s was gone so not much I could do about it thereafter .

It's not clear whether the tree has already been cut down or if it's a threat to cut it down. Could be a moot point. If there's a tpo then it could be a £10k fine if he cuts it down.

Chainsaws have already been deployed.
It is in a conservation area and council policy is that any work on any tree in area requires prior notification. They also say that it's the responsibility of the land/tree owner to request permission. So that's helpful.

Do you mean they're actually doing it now?
I'd phone the police (and hope they'll attend)

Already destroyed. Chap rushed round 30 mins after a phone message -which indicated unhappiness with whole thing - and went at it.
Very long garden and accessed from garden of house in parallel and lower road.

How horribly distressing. As you're in a conservation area I would have thought the council are in a position to take legal action against him. Have you informed them what he's done?
He sounds like a horrible vandal and you have my sympathies.

I invested in some wind chimes near her back windows. And have my radio on every week end. Previously I had been a more considerate neighbour. No more.
And my ddog was out barking today and I just bloody left her to it..
Apparently she had all the rights as an owner and I am just a tenant..

@heldinadream I'm not sure that the council will help , the tree is in a back garden that backs on to another garden and it's not visible from the public realm as they say . So theoretically shouldn't have been touched without applying for permission ,I can imagine they might have granted anyway.

This is a review about the bully in question

"A soulless man with no discernible personality other than his hunger for money and his aggression. I would love nothing more than to see him go bankrupt."

You should report his actions to the police. Destroying someone else's property like this is criminal damage.

If he has already destroyed the tree and you have evidence that it was him, you could also take legal action against him for the cost of removing the debris, purchasing and planting a replacement tree. Assuming this comes to less than £10k (if you are in England or Wales), this would be a small claim, so would not be costly and you would not need a solicitor.

Thank you as ever @prh47bridge . Good clear advice.
And useful for others in similar situations.

He certainly does not deserve to get away with it. What you can realistically do I'm not sure, and I understand that to try may present itself as a fruitless hassle.

Good luck OP. I hope you have some success in holding him to account for his actions.

In addition to the steps recommended by @prh47bridge I suggest that you contact the council's planning/conservation team by email or letter to advise that the tree has had unlawful work undertaken by a third party acting without your consent (and you've reported this criminal damage to the police.) This won't help your tree, but creates an audit trail in the event that officialdom later shows an interest in what "you've" done to the tree on your land

Thank you @JennyMule that seems like very sound advice. Do you think it would be ok to name the third party?

If someone came into your garden and smashed your shed up, or broke all the glass in your greenhouse, or strangled your cockerel it would be a police matter. No difference just because it is a tree.

I'd be absolutely livid.

Yes if you are absolutely certain of the identity of the third party.

This makes me so sad.

There is a better way to report and deal with theft of something as trivial as a bicycle, yet a tree that is of much greater value, environmentally, sentimentally and is a living thing is seen as not important.

Definitely report to the police and take to the small claims court.

And make sure you claim the cost a similar sized tree - not a little sapling!