Advice Required Tree cutting without permission

Advice Required Tree cutting without permission

Postby louw27 » Mon May 11, 2015 11:42 am

Hello,

I am seeking advice, I have a two bed semi in which my brother is house sitting, the house is on a main road. there are (were 2 24ft conifers in my front garden. last September my brother said that the man in a small business a shop, wanted my trees cut back and down so cars passing by can see his shop sign. now this shop is not next door its over the road. I called into his business to say I did not agree to this, this was late last year, they are a feature to the house, have been there since it was built in the 1930.
last month I had a call off my brother asking if I had given permission for the trees to be cut down, as there were 2 tree surgeons in the garden whom by then had cut 10ft of each tree. I called the police, this morning I had a call from the police saying there was insufficient evidence due to the business owner having an independent witness, in which I have never met or seen this woman, she is employed at the shop. I have been advised to go down the civil route. now how much are two 24ft conifer trees worth, also the feature has been lost. I am astounded that it is ok to have your trees cut down and cause criminal damage. I spoke to the tree surgeons whom said the business owner said id given permission.
any advice given would be much appreciated.

thank you
louw27
 
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Re: Advice Required Tree cutting without permission

Postby mr sheen » Mon May 11, 2015 1:05 pm

Sue the tree surgeons. They shouldn't have cut down trees on land without express permission of the landowner.
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Re: Advice Required Tree cutting without permission

Postby louw27 » Mon May 11, 2015 1:27 pm

I wasn't sure whom I was supposed to sue, thanks for the reply
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Re: Advice Required Tree cutting without permission

Postby APC » Tue May 12, 2015 8:58 pm

Do you have 'before' pics? Maybe from streetview?
Call your house insurance company if you have legal expenses cover - they may be able to offer advice or assist.
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Re: Advice Required Tree cutting without permission

Postby louw27 » Thu May 14, 2015 12:04 pm

pictures were taken, even one where the tree surgeons are in the process of cutting them down, I am not covered by the house insurance. police informed me that they will not be taking any further action, due to it being my word against his and due to his witness who I have never set eyes on before. so it looks like its ok to go into someone's garden and cut 10ft of each tree. I will be taking the tree surgeons to small claims court.

many thanks
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Re: Advice Required Tree cutting without permission

Postby raymilland » Thu May 14, 2015 2:08 pm

Have the trees been cut down completely or just the top 10 feet? If completely why didn't your brother stop them?
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Re: Advice Required Tree cutting without permission

Postby louw27 » Thu May 14, 2015 2:40 pm

10ft off each tree, my brother works nights so he was asleep, until he come to and looked through the bedroom window, he did also think it was the neighbour as he is doing building work, so half asleep until it became louder, that is when he saw what was happening and told them to stop.
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