Did he have the right?

Did he have the right?

Postby tarren » Sun May 10, 2015 12:55 pm

[urlImage][/url]Hi,
My neighbour has leaned over the boundary fence, and sawn down my small tree. Looking at the picture, did he have any right to do this? The fence boundary is at the left hand side of the flower container, doesn't show up too well, but very visible on the ground.
Pic taken from neighbours side.
Thank you.
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Re: Did he have the right?

Postby MacadamB53 » Sun May 10, 2015 2:40 pm

Hi tarren,

plain and simple - no.

Kind regards, Mac
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Re: Did he have the right?

Postby tarren » Sun May 10, 2015 3:05 pm

MacadamB53 wrote:Hi tarren,

plain and simple - no.

Kind regards, Mac


MacadamB53 Thank you for that, appreciate your reply. What are my options, I'm not sure how he is going to respond once confronted. The only fly in the ointment is the fact that it was his gardener " wot did the dirty deed." Is the neighbour still responsable?
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Re: Did he have the right?

Postby span » Sun May 10, 2015 3:12 pm

Show us a photo of the tree stump that he left behind on your land.
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Re: Did he have the right?

Postby tarren » Sun May 10, 2015 4:01 pm

span wrote:Show us a photo of the tree stump that he left behind on your land.


span What you see is what remains on my property. He's removed everything he cut off, although there are some remnants still on his lawn. Ah, I understand now what you require, will take a pic and post.
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Re: Did he have the right?

Postby tarren » Sun May 10, 2015 4:22 pm

Image

Not a lot to see I'm afaid, but the tree is about 2' this side the fence.
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Re: Did he have the right?

Postby MacadamB53 » Sun May 10, 2015 4:40 pm

Hi tarren,

I think you already know how he's going to respond if you "confront" him - defensively/apologetically/plead ignorance.

it's difficult to tell from the photos, but I'm guessing he's only removed branches that were overhanging his land (including those with parts overhanging) - am I right? ie he's not removed any branches that were solely in your air space...

Kind regards, Mac
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Re: Did he have the right?

Postby tarren » Sun May 10, 2015 4:43 pm

MacadamB53, There was next to nothing overhanging his garden, the growth of the main stump and branches was wholly over my property. I would have not given it a second thought if he had cut anything off overhanging his land. If you look at the original pic you will notice a lower branch running parallel with the fence, but about 18" inside the boundary, none of the removed branches grew out much further than that.
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Re: Did he have the right?

Postby tarren » Sun May 10, 2015 6:38 pm

Just to prevent any confusion, the pic indicates the boundary fence within 6\12" of the plant container. All of the hedge, what there is of it, is on my property.

Image
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Re: Did he have the right?

Postby MacadamB53 » Sun May 10, 2015 6:42 pm

Hi tarren,

although he only has a right to cut back to the boundary, for the sake of the tree's health it might be better to cut back at the base of the offending branches - a consequence of having a tree so close to a boundary shared with someone who does not want any overhang...

Kind regards, Mac
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Re: Did he have the right?

Postby tarren » Sun May 10, 2015 6:52 pm

I don't think he was giving any consideration to the health of the tree, if he was, I think he should have discussed it with me before taking the saw to it.
Thank you for your replies, thus far, appreciated.
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Re: Did he have the right?

Postby MacadamB53 » Sun May 10, 2015 7:09 pm

Hi tarren,

I don't think he was giving any consideration to the health of the tree

maybe so, that was not my point - I was pointing out that what you've been left with might be better than what you could have been left with...

I think he should have discussed it with me before taking the saw to it

I agree - but, considering the point I was making, would you have vetoed the works?

Kind regards, Mac
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Re: Did he have the right?

Postby mr sheen » Sun May 10, 2015 7:44 pm

The neighbour can cut back everything right up to the boundary without asking your permission, whilst it would be nice if they considered the health of the tree, they don't have to they can hack it back since it is encroaching on their land/airspace.

It is difficult to see whether he has cut it back beyond the boundary but the question is ....what can you now do about it? Not a lot. So you can either make a complaint or ask him nicely not to cut it back again...either way he can ignore you since if it encroaches again he can do the same again and the exact position of the boundary can be disputed.

If you have valuable plants it is best not to grow them near the boundary since you don't have any right to grow plants into other peoples land and airspace hence they can cut them back to the boundary.
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Re: Did he have the right?

Postby span » Sun May 10, 2015 10:24 pm

I'm still missing the point here - where is the tree that was sawn down? Is it the same one that's been trimmed back?
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Re: Did he have the right?

Postby tarren » Mon May 11, 2015 5:31 am

Gentlemen, obviously my pics are not depicting accurately enough just how far from the boundary fence the tree is. As my OP, he had to lean over the boundary fence approx 3' what he took down was approx 25\30' I considered it a tree, what would you describe it as? As my OP, he had to lean over the boundary fence approx 3', hardly anything was, and I repeat, encroaching over his garden.
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