Neighbour cut tree down wothout asking

Neighbour cut tree down wothout asking

Postby natureman84 » Fri Jun 26, 2015 7:42 pm

Hi

I was just wondering if anybody had any advice :)

I came home to find my tree had been cut down, (mostly cut down) it has been cut at the main center branch and is a stump now. I have found out it was my next door neighbour who did this, anyway i understand that there was overhanging branches and i would have gladly cut these down if asked or had been fine if my neighbour cut them down, i do understand that i should have sorted the overhanging branches earlier.

However my neighbour has cut the tree down and way past the boarder of the fence and left the whole thing in my garden leaving it a mess, i have no means of moving the tree and dont know what to do. They didnt ask me first and now i have had a complaint from my other neighbour on my otherside about the state of my garden, she wants me to move the tree, i wrote a letter to the neighbour who cut it down asking if they could move it but they have ignored me, i have read online that they must return the branches but its not fair how they dumped the whole tree and not just the overhanging branches.
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Fri Jun 26, 2015 9:51 pm

Having allowed your vegetation to encroach on your neighbours land, you expected them to accept the reduction in their land that this caused, you expected them to ask your permission to restore their land to its full extent by removing your encroaching vegetation but when they cut it back to stop it happening again, you complain.

They had the right to cut back right up to the boundary without asking your permission since encroaching branches were in their airspace. When they cut back it is often difficult to determine where the boundary is so they hacked back to where they think it might be. They have returned your property back to you and since you said you were happy to have cut back you would have had the branches anyway.

To avoid this happening again, keep vegetation within your own boundary.
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Re: Neighbour cut tree down wothout asking

Postby MacadamB53 » Fri Jun 26, 2015 10:03 pm

Hi natureman,

i have had a complaint from my other neighbour on my otherside about the state of my garden, she wants me to move the tree

has madam offered to help at all?

can you clarify a couple of things:

1. has the tree been cut back more than someone might reasonably presume to be the boundary (or thereabouts)?

2. why can't you deal with the arisings?

Kind regards, Mac
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Re: Neighbour cut tree down wothout asking

Postby COGGY » Fri Jun 26, 2015 10:38 pm

What type of tree is it? Would it be useful to someone with a woodburner? If so ask someone you know with a woodburner if they would like it. Otherwise advertise it as free on collection. When we cut down a tree in our front garden many many years ago we left the main trunk as a feature lying on the ground. We grew plants over it. It has recently fallen apart and I am going to miss it.
Regards
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Re: Neighbour cut tree down wothout asking

Postby Fairperson » Sat Jun 27, 2015 2:33 pm

Hello,

If you sign up online to Freecycle, you can advertise for free, for someone with a chainsaw to cut & take the wood away, free to them.
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Re: Neighbour cut tree down wothout asking

Postby Collaborate » Sat Jun 27, 2015 8:17 pm

Can't understand some of the responses here. Very much contrary to the advice given to those who have problems with a tree of a neighbour.

OP - Did you want the tree taking down anyway? I'm going to assume not.

Now it's been taken down, do you intend to replace it?

You will incur cost in having the wood removed (though I suggest you chop it up and use it as firewood. It could be worth quite a bit). If the stump is large you may have to pay to have it ground down and removed. Then you'll have to pay for a replacement tree.

You could get quotes for all this and send them to your neighbour. Ask him to meet the cost. If he refuses, you can issue proceedings in the small claims court.

Make sure you take plenty of photos, particularly those showing the tree before removal and after, and showing it as being on your side of the fence.

My advice for dealing with the neighbour on the other side is that you tell her to mind her own business.
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Sat Jun 27, 2015 9:19 pm

Collaborate wrote:Can't understand some of the responses here.

You could get quotes for all this and send them to your neighbour. Ask him to meet the cost. If he refuses, you can issue proceedings in the small claims court..


What exactly don't you understand? The right to resort to self help in the abatement of the nuisance caused by Encroachment of vegetation into one's airspace or land is one area of law where self help is deemed entirely appropriate and acceptable. You can cut back to boundary and do not need permission to do so.

Don't know what advice you think is the norm for dealing with neighbours who resort to such self-help but taking them to court is well-nigh pointless since they have merely exercised their right; the exact position of a boundary is difficult to determine precisely and accurately and as long as the tree has not been killed it will grow again...so no losses.
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Re: Neighbour cut tree down wothout asking

Postby Collaborate » Sun Jun 28, 2015 1:21 am

mr sheen wrote:Having allowed your vegetation to encroach on your neighbours land, you expected them to accept the reduction in their land that this caused, you expected them to ask your permission to restore their land to its full extent by removing your encroaching vegetation but when they cut it back to stop it happening again, you complain.



It's the bit in italics where you've gone too far. OP has been crystal clear that:
1. He has no objection to them cutting back to the boundary. Had they done just that, there would be no issue.
2. What they have in fact done is gone way beyond the boundary. They have reduced the tree to a stump. Presumably with the intention of preventing the tree growing back.

The exact position of a boundary is not difficult to ascertain. In 99% of cases it is the fence. As it is in this case - mentioned in the OP. If your neighbour were to think his boundary with you is, lets say, a foot over your side of the fence, and behave accordingly, you'd think him quite rightly an arse of the highest order.
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Sun Jun 28, 2015 9:06 am

Collaborate wrote:
mr sheen wrote:Having allowed your vegetation to encroach on your neighbours land, you expected them to accept the reduction in their land that this caused, you expected them to ask your permission to restore their land to its full extent by removing your encroaching vegetation but when they cut it back to stop it happening again, you complain.



It's the bit in italics where you've gone too far. OP has been crystal clear that:
1. He has no objection to them cutting back to the boundary. Had they done just that, there would be no issue.
2. What they have in fact done is gone way beyond the boundary. They have reduced the tree to a stump. Presumably with the intention of preventing the tree growing back.

The exact position of a boundary is not difficult to ascertain. In 99% of cases it is the fence. As it is in this case - mentioned in the OP. If your neighbour were to think his boundary with you is, lets say, a foot over your side of the fence, and behave accordingly, you'd think him quite rightly an arse of the highest order.


The tree will grow back unless it has been killed.
The exact position of a boundary is not necessarily the fence, it is disputable in court. You might expect him to accept the fence as the border but equally he will expect you to be respectful of his rights not to have your vegetation reducing the size of his land and airspace to do with as he pleases.....hence who was the first '*rse of the highest order?' ..the neighbour who thinks he can extend his garden into next doors by growing trees close to the boundary so that they use up some of the neighbours land and airspace or the neighbour who makes it clear he wants all his own land and airspace for himself as is his right and cuts them back.
To avoid this situation....keep within your own boundary instead of assuming you can take over someone else's land or you may find that your neighbour becomes an '*rse of the highest order' momentarily as he reaches the end of his tether and has enough of you using up his land and removes the offending vegetation that you have allowed to encroach for years....to where he suddenly believes the border is.
This is such a common tale of 2 neighbours who are both in the 'wrong' and for which the courts have little sympathy and hence allow resorting to self help....but could have been easily and fully avoided by the first neighbour if they had not continued to allow encroaching into the neighbours....and if you don't want it to happen again....
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Re: Neighbour cut tree down wothout asking

Postby Collaborate » Sun Jun 28, 2015 9:53 am

The problem is, mr sheen, that the law does not agree with you. You don't need to spend more than 5 minutes on this site to know that. A contrived boundary dispute will not impress a judge assessing damages.

Taken from the government's own website: https://www.gov.uk/how-to-resolve-neigh ... boundaries
Your rights to trim hedges or trees

You can trim branches or roots that cross into your property up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Sun Jun 28, 2015 10:03 am

If the Law was as you believe then there would be no need for this site...people could look up their issue and find an answer....but it isn't like that...there are 2 sides...often both are at fault to some degree.
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Re: Neighbour cut tree down wothout asking

Postby Collaborate » Sun Jun 28, 2015 10:06 am

I don't see how this particular law could be any clearer. If you could introduce doubt in to this, what next? Perhaps you may start to doubt that we should drive on the left?
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Sun Jun 28, 2015 11:56 am

The rule is you can resort to self help to remove encroaching vegetation up to the boundary without permission...seems straightforward enough....now let's consider how straightforward Boundaries are...

If the Law were black and white and one was unable to cast doubt into the Law, then there wouldn't be many thousands of Lawyers making a fortune out of doing just that.

While Laws may be clear, getting clear justice in a civil case is not a clear cut scenario since compromise, mediation and taking responsibility for one's contribution to the dispute, all play a part.

Perhaps this OP could take your advice and take the neighbour to court to see what happens....but personally I would advise against it since there was no dispute that the vegetation was encroaching beyond the boundary, there is no dispute that the neighbour cut back and he would be advised to say to what he believes is the boundary and in any case the tree is still alive so the OP has suffered no real losses and he returned all the arisings to the OP so there are no losses there either.

Hence I believe that if you want to keep control of your own trees and plants and hence keep good neighbour relations, it's simple...keep them within your boundaries. However, if you are happy to have the neighbour hack them back, leave them to grow onto his side and he will no doubt oblige.
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Re: Neighbour cut tree down wothout asking

Postby arborlad » Sun Jun 28, 2015 3:23 pm

mr sheen wrote: ..the neighbour who thinks he can extend his garden into next doors by growing trees close to the boundary so that they use up some of the neighbours land and airspace



That's just too simplistic, seldom is anything planted with the intention of utilising someone elses land or airspace.


Thankfully for our green and pleasant land there is no law to support that view, there is no law that says a branch can't cross a boundary. There's a common law right to remove it, which most choose to ignore and our wider environment is improved in the process.
arborlad

smile...it confuses people
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Sun Jun 28, 2015 4:33 pm

So if we accept that the plants planted near a boundary are not planted with intention to encroach....is it just plain inconsideration for the rights of neighbours to have full use of all their land?? Or just stupidity by not knowing that plants will grow in all directions? Or what???
Whatever the underlying reason for allowing encroachment into the neighbours land...intention, inconsideration, stupidity...none of these will be rewarded in court.
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