Neighbour cut tree down wothout asking

Re: Neighbour cut tree down wothout asking

Postby arborlad » Sun Jun 28, 2015 4:52 pm

mr sheen wrote: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.



Do you own a garden?
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Sun Jun 28, 2015 4:55 pm

Yes, 1 acre of garden and a further 7 acres of land including 1 acre of woodland for 1 property and large garden at the other....can't see how this is relevant to the discussion though!
Have you got a garden?
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Re: Neighbour cut tree down wothout asking

Postby arborlad » Sun Jun 28, 2015 5:16 pm

mr sheen wrote:Yes, 1 acre of garden and a further 7 acres of land including 1 acre of woodland for 1 property and large garden at the other....can't see how this is relevant to the discussion though!
Have you got a garden?



..............and does it all conform to this somewhat jaundiced view - '...keep within your own boundary '............I do hope not.
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Re: Neighbour cut tree down wothout asking

Postby Janieb » Sun Jun 28, 2015 5:33 pm

I fortunately have a very good relationship with my immediate neighbours on either side, although the relationship with another neighbour is a little fraught but I'm not the only one he's upset.

My trees overhang both my immediate neighbours land and their's overhang mine. In general we accept the situation and as most of them are very pretty it enhances the gardens of all of us. I do have one annoyance, a schumac in my next door neighbours garden. It was self seeded and every time it drops bits of itself they root and try to make another tree. As long as I keep on top of it they're not a serious problem. Trees grow and they don't know they aren't supposed to trespass.

Mr Sheen you are antagonistic. Nowhere has the OP suggested that the tree should not be pruned back to the boundary. You are making suggestions re boundaries that are pure supposition. The neighbour had no right to cut the tree back to a stump, that is criminal damage and to go that far means that whoever did the cutting was also trespassing. I would be very upset too.
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Re: Neighbour cut tree down wothout asking

Postby arborlad » Tue Jun 30, 2015 12:27 pm

Janieb wrote:My trees overhang both my immediate neighbours land and their's overhang mine. In general we accept the situation and as most of them are very pretty it enhances the gardens of all of us. .



I think it is that sort of outlook that has allowed our green and pleasant land to be so green and pleasant.

I've seen this situation on many occasions, and from both sides of the fence - you are called in by a tree owner with a branch going across the boundary which they want removed, you go and talk to the neighbour and the response is - 'yes please, it is shading my patio'..........'oh please don't, it is the only bit of shade I've got' and all sorts of variation on that theme.
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Re: Neighbour cut tree down wothout asking

Postby cleo5 » Tue Jun 30, 2015 6:43 pm

Janieb,
The neighbour should not have cut it so far back but he has done it and has returned the wood and it's surprising how quickly trees grow back.Try not to let it worry you. It's not worth losing sleep over it or taking any further action unless it was a special tree.
Some neighbours are a law unto themselves anyway.


As for the pieces left you could just leave them there. As it dries the twigs can be broken off for firewood and heaps of wood make good nesting places for creatures . If it's not in your way then it will eventually rot down . Or you can offer it for free firewood on collection as has been suggested. If it is a hazard the council might collect it for a fee?

As for the neighbour who doesn't like the mess then perhaps he/she would like the wood and clear it away. Otherwise it's
nothing to do with her. Your neighbour has no say in what you do with your garden unless you leave food out that encourages vermin.
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Re: Neighbour cut tree down wothout asking

Postby Janieb » Tue Jun 30, 2015 8:41 pm

cleo5 wrote:Janieb,
The neighbour should not have cut it so far back but he has done it and has returned the wood and it's surprising how quickly trees grow back.Try not to let it worry you. It's not worth losing sleep over it or taking any further action unless it was a special tree.
Some neighbours are a law unto themselves anyway.


As for the pieces left you could just leave them there. As it dries the twigs can be broken off for firewood and heaps of wood make good nesting places for creatures . If it's not in your way then it will eventually rot down . Or you can offer it for free firewood on collection as has been suggested. If it is a hazard the council might collect it for a fee?

As for the neighbour who doesn't like the mess then perhaps he/she would like the wood and clear it away. Otherwise it's
nothing to do with her. Your neighbour has no say in what you do with your garden unless you leave food out that encourages vermin.


I think you have mistaken me for the OP.
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Re: Neighbour cut tree down wothout asking

Postby cleo5 » Tue Jun 30, 2015 11:47 pm

Yes Janieb,
Sincere apologies. I meant to reply to the Op natureman.

Mr sheen,
Re people planting trees too close to boundary. It is sometimes done without any malicious intent by folk who know nothing of boundaries or encroachment. Yes, maybe done in ignorance certainly. When one plants tiny seedlings one cannot see the full grown tree.
I did just this many years ago when all we had one side as a boundary between our new houses were three single planks of wood. Seedlings were the cheapest form of fencing then.
The rest of the land was brambles and gorse. So we stood at the top and one stood at the bottom to direct where we thought the boundary was and banged in a post. Then as I had animals I put post a and netting for part of my side and planted tiny tree seedlings my side of that. These were intended as a hedge but 36 yrs and three different lots of neighbours later, these trees are forty feet high and though lovely in Spring and Autumn they have become a nuisance. Neither of us can afford to cut them down but there has never been a word of aggro between any of us. I tell her to chop anything down that encroaches and she just says she loves all the greenery .
The other side I have an 88 yr old who was out in the midday sun today cutting his hedge as usual.
It takes all sorts....

In the OP's case his tree had become a nuisance to the neighbour and the neighbour was out of order in pruning the tree too hard and left the prunings on the OP's side which probably don't look very nice and are now a nuisance. The neighbour could have discussed how much needed pruning and lopping before he did it.
So the Op needs to find a way round this which will not cost too much and not cause him worry.
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Re: Neighbour cut tree down wothout asking

Postby MacadamB53 » Wed Jul 01, 2015 12:19 am

Hi cleo,

These were intended as a hedge but 36 yrs and three different lots of neighbours later, these trees are forty feet high...

in other words, you planted a hedge and at some point left it / neglected it until it was a hedge no more.

When one plants tiny seedlings one cannot see the full grown tree.

you ought to have had some idea how large the seedlings could grow to - but I suspect you mean you gave it no thought because you had every intention of never allowing them to reach 40ft.

The other side I have an 88 yr old who was out in the midday sun today cutting his hedge as usual.

fancy that - planting a hedge and then maintaining a hedge!

It takes all sorts....

indeed...

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

Postby mr sheen » Wed Jul 01, 2015 8:42 am

cleo5 wrote:Mr sheen,
Re people planting trees too close to boundary. It is sometimes done without any malicious intent by folk who know nothing of boundaries or encroachment. Yes, maybe done in ignorance certainly. When one plants tiny seedlings one cannot see the full grown tree.
I did just this many years ago when all we had one side as a boundary between our new houses were three single planks of wood. Seedlings were the cheapest form of fencing then.
The rest of the land was brambles and gorse. So we stood at the top and one stood at the bottom to direct where we thought the boundary was and banged in a post. Then as I had animals I put post a and netting for part of my side and planted tiny tree seedlings my side of that. These were intended as a hedge but 36 yrs and three different lots of neighbours later, these trees are forty feet high and though lovely in Spring and Autumn they have become a nuisance. Neither of us can afford to cut them down but there has never been a word of aggro between any of us. I tell her to chop anything down that encroaches and she just says she loves all the greenery .
The other side I have an 88 yr old who was out in the midday sun today cutting his hedge as usual.
It takes all sorts....

In the OP's case his tree had become a nuisance to the neighbour and the neighbour was out of order in pruning the tree too hard and left the prunings on the OP's side which probably don't look very nice and are now a nuisance. The neighbour could have discussed how much needed pruning and lopping before he did it.
So the Op needs to find a way round this which will not cost too much and not cause him worry.


The OP has the option of keeping the offending vegetation within their own boundary or no doubt the neighbour will hack it back again when it grows back over his boundary.
Nice to hear contributors philosophies on the green and pleasant land but the position is that if you allow your vegetation to cause a nuisance to a neighbour, they can abate that nuisance. It would be up to a court to decide whether the actions taken were reasonable or not but it would be a wealthy person with limited understanding who takes the chance of taking something like this to court...and the opening statement..
'I didn't know that seedlings grow your Honour...'
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Re: Neighbour cut tree down wothout asking

Postby Collaborate » Wed Jul 01, 2015 8:55 am

Hi mr sheen

If someone trespasses on my land I am able to remove them using reasonable force.

What I am not able to do is remove them and tie them to a post to prevent them trespassing again.

It's the same with the tree and the nuisance it causes (yes, yes I know - an overgrowing tree is not trespass but a nuisance , but the same principle applies re preventing future torts).

Happy to help.
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Re: Neighbour cut tree down wothout asking

Postby mr sheen » Wed Jul 01, 2015 9:23 am

You could do that to the trespasser if you wanted to but the consequences would be different and you would be arrested as we enter the realms of criminal law, and this probably stops you from doing it; whereas with the tree the only consequences are likely to be civil.
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Re: Neighbour cut tree down wothout asking

Postby arborlad » Wed Jul 01, 2015 9:36 am

mr sheen wrote:The OP has the option of keeping the offending vegetation within their own boundary or no doubt the neighbour will hack it back again when it grows back over his boundary.'



Mr sheen, the next time you go for a walk or a drive, try and visualise according to this dictat.
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Re: Neighbour cut tree down wothout asking

Postby Collaborate » Wed Jul 01, 2015 10:09 am

mr sheen wrote:You could do that to the trespasser if you wanted to but the consequences would be different and you would be arrested as we enter the realms of criminal law, and this probably stops you from doing it; whereas with the tree the only consequences are likely to be civil.


Nope. It's still criminal damage.
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Re: Neighbour cut tree down wothout asking

Postby MacadamB53 » Wed Jul 01, 2015 10:46 am

Collaborate wrote:
mr sheen wrote:You could do that to the trespasser if you wanted to but the consequences would be different and you would be arrested as we enter the realms of criminal law, and this probably stops you from doing it; whereas with the tree the only consequences are likely to be civil.


Nope. It's still criminal damage.
in what way would tying the branch of a tree to a post meet all the criteria required to be considered criminal damage?

1. without lawful excuse
2. destroys or damages
3. someone else's
4. property
5. with intent or through recklessness

whether a tree is destroyed or damaged would be down to the facts but any damage must be more than 'de minimis'.
I can't imagine anyone being convicted of criminal damage after tying a branch to a post.

Mac
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