Neighbour has mutilated my tree :(

Neighbour has mutilated my tree :(

Postby mybeautifultree » Sat Feb 23, 2013 2:44 pm

I live in a ground floor flat and have a small private back garden. To the back of my garden there is a large communal garden. This is shared by the flat owners above and myself, although I never use it as I have my own private space.

There is a beautiful small lilac tree in the corner of my garden and some of it's branches overhang the fence into the corner of the communal garden. The tree has been there for around 30 years and it has never bothered anyone as it doesn't block anyones view or sunlight. The tree also provides me with some privacy from neighbouring properties.

Yesterday I came home to discover my neighbour has sawn off all the overhanging branches, and I am now left with what looks like a pitiful half tree.

When confronted, my neighbour said he's 'allowed to' and 'doesn't need to' ask my permission. Now I understand this is the case if my tree was overhanging someone's private garden, but this a communal garden that I have as much right to as my neighbours.

What can I do?

(I live in Scotland)
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Re: Neighbour has mutilated my tree :(

Postby Mojisola » Sat Feb 23, 2013 7:12 pm

If it's anything like my lilacs, stand back and watch it shoot away this summer!

Regarding the neighbour, it's not so much whether he has the right or not but whether you can do anything about it. If he's determined to keep it cut back, it would be very hard to stop it happening again.
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Re: Neighbour has mutilated my tree :(

Postby Manwithplot » Sat Feb 23, 2013 10:59 pm

In the communal garden who owns it and how does the maintenance get done ?
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Re: Neighbour has mutilated my tree :(

Postby mybeautifultree » Sun Feb 24, 2013 1:50 pm

10 flat owners including myself own the communal gardern and a couple of owners take turns cutting the grass.

The branches that were lobbed off stemmed from the main trunk and will never grow back. The whole tree has lost it's shape and character.
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Re: Neighbour has mutilated my tree

Postby mybeautifultree » Mon Feb 25, 2013 8:50 pm

I realise this is an unusual scenario.... tree in my private garden with overhanging branches into my communal gardern, but what would you folks do if you were in my situation?

Any suggestions on how to deal with this and move forward are much appreciated.

Thanks
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Re: Neighbour has mutilated my tree :(

Postby arsie » Mon Feb 25, 2013 10:18 pm

We had a lilac being strangled by ivy. Severe surgery on the ivy and cutting dead branches of the lilac gave it a new life. I would just tidy up the tree and see how it emerges when growing begins again. I'm afraid you will have to work round your vindictive neighbour who is being an arsehole. His taking on the right to cut back any branches straying over the communal area is worth challenging. Go round and see what the other users of the common garden want. You never know, they might prefer to see the lilac encroach on the common garden. On the other hand they might support his action :cry:
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Re: Neighbour has mutilated my tree :(

Postby mybeautifultree » Tue Feb 26, 2013 12:01 pm

Ok will do, thanks arsie!
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