Shaved Tree

Shaved Tree

Postby Jen13 » Mon Jun 24, 2013 11:12 pm

Hi there,

I have been totally shocked what has been left after our neighbour got herself into her head to cut down our wonderful fir tree. The tree has been there for a very long time by the looks of it and it was there
before we moved in and thats now more than 7years. Until recently ( when she got her idea of a new fence fancy) the tree was no issue to anyone around, nor the previous neighbours bothered about it.
Actually it has been providing wondeful privacy barrier between our garden and the previous owners top floor window which sits facing directly to our garden.
After the neighbour in question has moved in we were inundated by her, constantly poping in and sending letters and emails if we fancy to cut it down. We have
resisted to answer her thinking that tree ain't going down. She even had a cheek to suggest that her fencing guy will cut it down for us for 140 quit (we would have to pay for her pleasure however).
We just laughed at her suggestions, quite frankly that was a proper cheek from her.
After a long resistance we decided that we will let het to cut it dow to border provided that no more will be cut and that if the tree as a result wil die or will be severely damaged we will sue her.
Long after this communication nothing happened,only to come one day to the shaved tree of ours that was left to us. We said, that she might as well had it totally cut down then left this shaving to us!
Since,we are grieving for this tree and the poor state of it and think if the tree was actually cut by that fencing guy because we are not sure if this would have been done by a
professional ( see her suggestion to us to use a fencing guy to cut it).
We regret our decision to allow her to cut it down to border greatly, and trying to find a help as to whether to sue her for this leftover she presented us with. (I know she would be delighted to not to have the tree there at all).

Please advice

J and D
Attachments
June 22nd 2013 resized.jpg
the tree after ( half of its trunks is missing )
June 22nd 2013 resized.jpg (67.33 KiB) Viewed 2632 times
April May 2013 resized.jpg
the fir tree before
April May 2013 resized.jpg (105.68 KiB) Viewed 2632 times
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Re: Shaved Tree

Postby Treeman » Tue Jun 25, 2013 6:59 am

This isn't what you want to hear but its how things are

Your neighbour has acted within the law, they didn't need your permission to cut the overhang, some are going to tell you that they have cut beyond the boundary and indeed it appears they have but it makes little odds and your remedy in law is as good as non existent.

As far as suing for damages goes, they have acted within their common law rights after repeated documented attempts to get you to abate an on going nuisance and they did it with your consent even though they didn't need it. I don't fancy your chances.

As far as who did the cutting goes, it matters little, this isn't about the tree its about nuisance in law, I am a professional and I would have done that for them, leylandii are a bit of a cockroach, hard but not impossible to kill.
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Re: Shaved Tree

Postby despair » Tue Jun 25, 2013 7:57 am

As treeman says ............they acted within the law

That tree could never ever have been described as a thing of beauty
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Re: Shaved Tree

Postby hzatph » Tue Jun 25, 2013 8:20 am

We have one of these and lost much of it in a gale - several major stems broke. It still looks good from the garden side and ivy is busy colonising the other side so not as much of a problem as we expected. It was about 5 years ago and we have never got around to removing it entirely - probably won't now.
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Re: Shaved Tree

Postby Jen13 » Tue Jun 25, 2013 2:20 pm

Think at the end of the day the tree was cut more
to the what we wanted it to be it. They did not cut just the overhanging branches but they cut half of the tree trunk too. So that is what concerns us.
And I have feeling that it might not survive this winter if its frosty.
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Re: Shaved Tree

Postby Jen13 » Tue Jun 25, 2013 2:38 pm

despair wrote:As treeman says ............they acted within the law

That tree could never ever have been described as a thing of beauty


As for your opinion, despair, I don't think you have really understood my whole point. Even if the tree was not one of the pretty ones it served THE PURPOSE
And for a very long time nobody gave monkeys about the size or even the fence. But its hard to explain it to someone without sense of little understanding though. Perhaps you dislike trees and neighbours privacy as my neighbour does? Anyway...
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Re: Shaved Tree

Postby despair » Tue Jun 25, 2013 3:30 pm

I fully understand the problem and the use of the tree for privacy
I also understand that previous neighbours were not concerned but legally your new neighbour did not have to put up with the trespass
if the neighbour has actually gone beyond the boundary and shaved the actual trunk of the tree that's criminal damage and you might be able to claim for the cost of a mature replacement
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Re: Shaved Tree

Postby Jen13 » Tue Jun 25, 2013 4:40 pm

Sure, despair, I understand.
I will post the close ups of the tree trunk later tonight, as I am messaging from the phone right now, and I cannot somehow upload it from the phone. I hope to get advice on those pictures to see what do you think.
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Re: Shaved Tree

Postby span » Tue Jun 25, 2013 4:46 pm

They must've used a Gilette Mach 3, because that's one well-shaved tree! :lol:
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Re: Shaved Tree

Postby despair » Tue Jun 25, 2013 4:53 pm

One thing is sure if you leave the tree there and simply grow ivy or Russian vine up it she will have to look at the eyesore her side for quite a while
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Re: Shaved Tree

Postby COGGY » Tue Jun 25, 2013 4:57 pm

I understand you wish for privacy. I like to have privacy but I am extremely grateful that I do not live with that tree. It must make the gardens dark and the ground nearby extremely dry. There are many trees and shrubs which would provide privacy whilst also looking attractive. Have you thought of looking on the RHS website for ideas? If the tree survives then the problem will occur again and again. When first reading your post I had sympathy for your predicament. However after seeing the tree, my sympathy is with your neighbour.
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Re: Shaved Tree

Postby Jen13 » Tue Jun 25, 2013 8:21 pm

despair wrote:One thing is sure if you leave the tree there and simply grow ivy or Russian vine up it she will have to look at the eyesore her side for quite a while

Hello Despair

please see the piccies of the tree trunk after :(
Attachments
June 22nd 2013 trunk2.jpg
June 22nd 2013 trunk2.jpg (108.74 KiB) Viewed 2559 times
June 22nd 2013 trunk.jpg
June 22nd 2013 trunk.jpg (98.76 KiB) Viewed 2559 times
June 22nd 2013 trunk 3.jpg
June 22nd 2013 trunk 3.jpg (98.33 KiB) Viewed 2559 times
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Re: Shaved Tree

Postby despair » Tue Jun 25, 2013 9:18 pm

Get quotes to fell and replace with a similar size mature replacement tree and present that to the neighbour

I think a judge would have no hesitation in awarding the full cost to you if the neighbour refuses to cough up
What the neighbour has done is pure criminal damage
And the police should act
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Re: Shaved Tree

Postby Jen13 » Tue Jun 25, 2013 9:45 pm

despair wrote:Get quotes to fell and replace with a similar size mature replacement tree and present that to the neighbour

I think a judge would have no hesitation in awarding the full cost to you if the neighbour refuses to cough up
What the neighbour has done is pure criminal damage
And the police should act

I spoke to the Waverley Borough Council where we live (Godalming) and the guy sent me a list of professional consultants to contact re the tree after. He said I have to have the tree assesed before( from the pictures) and after to see what can be done and if this is a case to pursue. And in that way I have a professional opinion to back me up. So before anything progresses I have to fork out from my own pocket. :(
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Re: Shaved Tree

Postby Mojisola » Tue Jun 25, 2013 9:53 pm

Jen13 wrote:Long after this communication nothing happened,only to come one day to the shaved tree of ours that was left to us.


Although it is obvious to you that she has cut it down or employed someone to cut it down, you will have to prove that she did it. Do you have witnesses who are willing to go to court?

If you do replace it, remember that she can still cut it right back to the boundary so be careful where you plant a new tree.
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