Bertiebruss' overhanging trees thread

Bertiebruss' overhanging trees thread

Postby arsie » Thu Sep 25, 2014 8:23 am

bertiebruss wrote:Hi all
I m in exactly the same situation with my neighbour 40ft conifers which have not been trimmed in at least 13 years I cut back the overhang back to the trunks on my side to his side of the boundry wall a week later we had a visit from the police asking if I knew I had commited a crime criminal damage towards the trees, lack of privacy for the neighbour ( his house is 30ft away from the hedge) £1000s of value off his home, and to top it all the trees are dead !! ive been at my wits end thinking about it the neighbour now requests I build up the stone wall to 2 metres high at my expense to save his privacy what to do ??? help
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Re: Bertiebruss' overhanging trees thread

Postby cobdale » Thu Sep 25, 2014 9:11 am

tell him if he wants privacy for him to build a wall,the police must av been having a slow day
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Re: Bertiebruss' overhanging trees thread

Postby arsie » Thu Sep 25, 2014 10:10 am

His demand for you to build a wall can safely be ignored (unless it specifically states in your title deeds you must maintain a 2 metre brick wall, which is most unlikely but do check.) At the worst it may state that you are responsible for the boundary: in which case you can do whatever you wish - picket fence, wire netting, concrete posts with a wire, or just nothing at all.

If it were me I would advise the neighbour that his trees are not secure and that he would be liable, should they blow down or get struck by lightning and fall on your property, for any consequential damage. It still wouldn't be a police matter. Have a look on the Internet e.g. http://www.ehow.co.uk/info_8423780_neig ... perty.html
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Re: Bertiebruss' overhanging trees thread

Postby ukmicky » Fri Sep 26, 2014 10:38 pm

If you had committed criminal damage the police would have had to caution you before they sent the files to the DPP so they could decide what to do next.

This didn't happen however as it's a common law right to cut back to the boundary and not a criminal offence. As for the wall that's laughable
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Re: Bertiebruss' overhanging trees thread

Postby MacadamB53 » Fri Sep 26, 2014 11:24 pm

Hi bertie,

I cut back the overhang back to the trunks on my side to his side of the boundry wall

if you've worded that correctly then my understanding is:

1 your neighbour has a wall along the edge of his land
2 your neighbour has trees somewhere on his land close to his wall
3 you have cut some of the tree growth which was overhanging into your airspace
4 you have cut some of the tree growth which was overhanging into your neighbour's airspace (above his wall)

therefore you have indeed committed criminal damage (and trespass).

if No4 didn't happen then ignore the sentence above.

whether you've committed criminal damage or not your neighbour cannot compel you to build him a 2m wall.

Kind regards, Mac
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Re: Bertiebruss' overhanging trees thread

Postby bertiebruss » Sat Sep 27, 2014 5:58 pm

So it seems my problem now is establishing who the wall actually belongs to and where the boundary lies
Its an old stone wall which has my gate post built into it does that suggest it would belong to me and that the boundary line between the gardens would be behind the wall ?
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Re: Bertiebruss' overhanging trees thread

Postby MacadamB53 » Sat Sep 27, 2014 6:38 pm

Hi bertie,

Its an old stone wall which has my gate post built into it does that suggest it would belong to me...

I'm afraid on its own it doesn't suggest anything.

Kind regards, Mac
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Re: Bertiebruss' overhanging trees thread

Postby arborlad » Sat Sep 27, 2014 6:42 pm

bertiebruss wrote:So it seems my problem now is establishing who the wall actually belongs to and where the boundary lies
Its an old stone wall which has my gate post built into it does that suggest it would belong to me and that the boundary line between the gardens would be behind the wall ?



It's certainly evidence in favour of your ownership, you would need to check deeds and title plans for further evidence, also check how the wall lines up with other features of known ownership, does the stone/stonework match your property or his?



I cut back the overhang back to the trunks on my side to his side of the boundry wall,............... and to top it all the trees are dead !!



Who has said the trees are dead?..............if they are Leylandii and the neighbour has already done the same on his side of the trees, then yes, they're probably dead...........if the trees are Thuja or some other variety, maybe not.

Thanks to arsie for starting this thread for you.
arborlad

smile...it confuses people
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Re: Bertiebruss' overhanging trees thread

Postby arsie » Sun Sep 28, 2014 10:33 am

Even if it can be proved beyond all legal doubt that the wall is yours there is no compulsion to build it up to 2m or any other height. If it were an ancient wall I guess there may be conservation regulations but if you have not demolished any of the wall I don't see how these could apply. I don't think there is any right to privacy in the situation described. There is nothing to stop the neighbour planting trees or putting up their own fencing. It seems to me they are just 'trying it on'.

I would maintain normal polite neighbourly contact 'good morning' etc. Apart from checking the deeds I would do nothing.

.
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Re: Bertiebruss' overhanging trees thread

Postby bertiebruss » Mon Sep 29, 2014 3:59 pm

so am I correct in thinking if the wall belongs to me I have not trespassed or caused criminal damage because I have only cut to my boundary BUT if the wall proves to be on his property then I have trespassed as I have cut over the boundary
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Re: Bertiebruss' overhanging trees thread

Postby MacadamB53 » Mon Sep 29, 2014 4:01 pm

bertiebruss wrote:so am I correct in thinking if the wall belongs to me I have not trespassed or caused criminal damage because I have only cut to my boundary BUT if the wall proves to be on his property then I have trespassed as I have cut over the boundary

yes
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Re: Bertiebruss' overhanging trees thread

Postby arsie » Mon Sep 29, 2014 6:29 pm

bertiebruss wrote:so am I correct in thinking if the wall belongs to me I have not trespassed or caused criminal damage because I have only cut to my boundary BUT if the wall proves to be on his property then I have trespassed as I have cut over the boundary

Technically, yes, but come on, how wide is the wall anyway? A brick? If (big if) it turns out to be his and you leant over it by a few inches or not, how can that be proved? Unless he painted rings on the branches before you cut them down with pictures of before/after and he numbered the rings. You are not going to get prosecuted for trespass and/or criminal damage unless you did a bit worse than just cut the overhangings give or take the width of the wall :roll:
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Re: Bertiebruss' overhanging trees thread

Postby COGGY » Mon Sep 29, 2014 6:38 pm

Hi

At the most, if the wall belongs to the neighbour,you have cut a little extra off the branches. Please do not worry. Your neighbour sounds to be a nasty piece of work. Regarding the police, some of them do not have any idea of the law in regard to cutting trees etc. You should try to forget all about it. How could it knock down the price of his house because you cut a little off a hedge? It is ridiculous. Hedges/trees have a habit of growing again. It sounds as though your neighbour contacted the police making wild accusations which they took at face value.

Let the neighbour make idle threats. Smile and ignore him.#

Kind regards
Coggy
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Re: Bertiebruss' overhanging trees thread

Postby MacadamB53 » Mon Sep 29, 2014 7:35 pm

COGGY wrote:Let the neighbour make idle threats. Smile and ignore him.
+1
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Re: Bertiebruss' overhanging trees thread

Postby arsie » Mon Sep 29, 2014 7:56 pm

COGGY wrote:Let the neighbour make idle threats. Smile and ignore him.

+1
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