My DF passed away suddenly in May, my DSis and I are currently going through the confirmation process (we live in Scotland). DF owned a property and the back garden is in a bit of an overgrown state, with a few trees near the boundary of the garden over the back fence. Last month a neighbour whose garden backs on to DF’s put a very blunt, bordering on rude, note through the door asking that his trees be trimmed and helpfully supplied the details of a local tree surgeon. Neither of us felt in a strong enough position to do anything about it yet. Last week the neighbour who lives over the back came round to speak to my DF about these trees and the neighbour immediate to my DF’s property told him that he had passed away. This guy then took it upon himself to cut back the trees, which in itself would be okay however he butchered these trees right down to the trunks, meaning he either leaned right over the fence, or did the cutting in my dad’s garden itself (we have reason to believe he has trespassed into the garden from something he said to my DSis). He then left the debris, knee-deep, lying in my dad’s garden.
When my DSis was informed of this by the immediate neighbour on a visit to the house yesterday, she went to check it out and found the neighbour from over the back out in his garden. When she spoke to him about it, saying that he should have sought permission and that she wouldn’t have minded him cutting the trees back if he had, he then proceeded to say things to my DSis such as ‘people die all the time, who cares?’ when she informed him she did not feel able yet to alter the garden in any way as she was still very upset. She at this point became very distressed and began to shout at him, telling him he should be clearing the mess he left. He refused to do this.
I have checked the council’s website, which states that while neighbours can cut down trees encroaching on their property, they can only cut to the boundary and must offer the cuttings back to the owner in case they want to dispose of them themselves, neither of which he has done. I feel that he should be called out properly on his actions and held accountable for what he has done, and from what I understand from other neighbours, he has been harassing them with various demands also (one of which resulted in someone taking legal action against him). Would it be worthwhile to either speak to the council or to discuss this with my solicitor? Am not sure how to go about this. This man seemed very sure of his rights and very good at twisting what my DSis was trying to say to him.