Trespass And The Law

Post Reply
lindanet
Posts: 2
Joined: Mon Mar 21, 2005 1:19 pm

Trespass And The Law

Post by lindanet » Mon Mar 21, 2005 1:41 pm

Hi Alan
I hope you can help me i am at my witsend.
I have a 40 ft sycamore tree that is about 1 1/2 m away from my neighbours wall, last week i was awoken by the sound of a chainsaw, my neighbours son was in my tree cutting the branches from the trunk! not just the branches that overhang his garden but mine and another neighbours garden. I asked him to stop and get out of the tree, until then i had hardly spoken to them, i was told to "go on f off" and told he had the right to cut the branches if he wanted to and even chop the tree down and i couldn't stop him. I got my landlord to send him a letter saying he had trespassed onto my property and not to do it in the future. He phoned the landlord and said he was sorry and didn't know he had trespassed etc. Then this Saturday he got into the tree and cut even more off.
Where do I stand to stop this lunatic from actually entering onto the property and into the tree? He has not asked if I wanted the logs back he has trimmed them and cut them to size (as if he is making a border for his garden like you can buy in garden centres) My children phoned the police and they came out of his house laughing, needless to say the kids were not happy. Please help I am a disabled single mother who rescues injured birds and this tree is their first port of call after they have recuperated.

Linda.

Cytania
Posts: 156
Joined: Fri Feb 25, 2005 12:17 pm
Location: East Midlands

Post by Cytania » Mon Mar 21, 2005 2:14 pm

First off whatever you do don't approach him if he has another go. Chainsaws are dangerous. Was he wearing boots, leggings, hard hat, goggles, ear defenders? If not then take grim satisfaction knowing that one day he'll do himself a real mischief.

Second you are in a weaker position as a tenant since the tree is actually your landlord's possession. If you were an outright owner-occupier I'd recommend you report your neighbour to the police for theft. Yep claim he is cutting your tree for firewood. Of course the result of this is you get a whole lot of unwanted logs thrown roughly into your garden :-(

Having said this he has essentially exercised his right under law, just overstepped the mark alot. Take photos of the tree as it is now and make sure your boundary line is clear. If he does it again take photos/video, perhaps you can build up a Neighbour From Hell story for the local press. One thing you don't have to worry about as a tenant is having a declareable dispute.

Although the police may have left laughing you can bet your neighbour won't have been thrilled to see them. This should make him unlikely to repeat his stunt. Keep your tree well trimmed this year so he has no easy excuse to do so.

PS. If it does happen again ring the police yourself and begin suggesting you've got a prowler stealing from your garden. Later you can be surprised/relieved to find it's just your neighbour.
They cut down all the trees, put 'em in a tree museum and charged all the people just to see 'em

lindanet
Posts: 2
Joined: Mon Mar 21, 2005 1:19 pm

Thanx

Post by lindanet » Mon Mar 21, 2005 2:44 pm

Thanx for that, I cannot keep any of the tree timmed as the nearest branches to the ground are about 20 feet up, this is an old tree that has been well kept and trimmed in its earlier part of life. There is no rot or desease but a was an healthy tree it is not blocking light.
He ignored the landlords letter he ignored me to get out of the tree and as you said no safety issues were used by him except for a rope holding the branches he was cutting, my daughter even went under the tree to try to stop him and he laughed.
The Kids used the "intruder" to get the police on Saturday as I was shopping at the time it happened the 2nd time.
But I was told I could take a trespass civil action against him as in theory it is my property?
That is why i need a Law option?
Thanx again

Linda.

Post Reply