Neighbour mutilated ancient trees

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Moonbeam
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Neighbour mutilated ancient trees

Post by Moonbeam » Sun Jul 27, 2014 4:15 pm

Been away since friday, came home today and found my neighbour hadchopped the trees and shrubs all the way down my garden. Some of the trees are very ancient oaks and some are cypresses that the previous owner of my house planted 30 years ago for privacy. They are absolutely mutilated and wont grow back, there are also other shrubs and climbing plants that he has cut more than a third off. when I saw what he had done I just cried. I just dont know what to do it looks awful. Who can help me? Can I call the police, should I take legal action. Can somebody help??

span
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Re: Neighbour mutilated ancient trees

Post by span » Sun Jul 27, 2014 4:41 pm

Calm down.

Tell us more. Describe the extent of the damage to your plants - were they contained entirely within your property or were they extending out into his?

arborlad
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Re: Neighbour mutilated ancient trees

Post by arborlad » Sun Jul 27, 2014 4:57 pm

Are you in a Conservation Area or did any of the trees have Preservation Orders?
arborlad

smile...it confuses people

Moonbeam
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Re: Neighbour mutilated ancient trees

Post by Moonbeam » Sun Jul 27, 2014 6:36 pm

No I am not in a conservation area. Dont know about prreservation orders, how do I find out?

Sorry if I was raving but I am just so upset at what he has done. He has cut the lower branches from 2 really old oaks near the bottom of my garden. yes they were hanging over the fence but that doent give him the right to harm them like that. they are completely lopsided. He has also done the same to my lovely cypresses, all the way down the garden. he has cut every one right down to the trunk to about 20 feet high. what can I do they were beautiful specimens and now it looks like a train has gone passed and stripped all the branches off. the previous neighbour liked trees but this one hates them and wants to concrete the whol;e garden. he complained about them in June and wanted to pay to have them removed because of the leaves. I said no way the trees were there before he was but he didnt say he was going to do this. he has also cut all my climbers as well. i had clematis montanas and nice red vines growing into the trees but he has pulled all of them down and cut them off the trellis. what can I do?

Treeman
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Re: Neighbour mutilated ancient trees

Post by Treeman » Sun Jul 27, 2014 7:40 pm

Moonbeam wrote:No I am not in a conservation area. Dont know about prreservation orders, how do I find out?

Sorry if I was raving but I am just so upset at what he has done. He has cut the lower branches from 2 really old oaks near the bottom of my garden. yes they were hanging over the fence but that doent give him the right to harm them like that. they are completely lopsided. He has also done the same to my lovely cypresses, all the way down the garden. he has cut every one right down to the trunk to about 20 feet high. what can I do they were beautiful specimens and now it looks like a train has gone passed and stripped all the branches off. the previous neighbour liked trees but this one hates them and wants to concrete the whol;e garden. he complained about them in June and wanted to pay to have them removed because of the leaves. I said no way the trees were there before he was but he didnt say he was going to do this. he has also cut all my climbers as well. i had clematis montanas and nice red vines growing into the trees but he has pulled all of them down and cut them off the trellis. what can I do?

Actually he has every right to cut back the overhang

arborlad
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Re: Neighbour mutilated ancient trees

Post by arborlad » Sun Jul 27, 2014 7:43 pm

Moonbeam wrote:No I am not in a conservation area. Dont know about prreservation orders, how do I find out?

Some councils do have an on-line list, type your postcode followed by Tree Preservation Order into Google, failing that contact the tree team at your council in the morning.
arborlad

smile...it confuses people

Rosenberg
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Re: Neighbour mutilated ancient trees

Post by Rosenberg » Mon Jul 28, 2014 1:12 am

Has he cut past the boundary?
Has he dumped any of the trimmings on your land?
Who owns the trellis you mentioned?

Moonbeam
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Re: Neighbour mutilated ancient trees

Post by Moonbeam » Mon Jul 28, 2014 11:12 pm

Treeman I know that the law says he can cut branches that overhang. But is the law right?? There is more to consider here than the law. what about morals?

Arbourlad, thatnk you for the information.

Roseburg, he has cut up to the boundar maybe a couple of inches over in a few places. He took all the trimings away and piled them up on his garden, that is theft isnt it? He owns the trellis it is on top of the fence.

Why do some people hate trees so much they have to do this

MacadamB53
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Re: Neighbour mutilated ancient trees

Post by MacadamB53 » Mon Jul 28, 2014 11:29 pm

Hi Moonbeam,

he complained about them in June and wanted to pay to have them removed because of the leaves.
I said no way the trees were there before he was...


did suggest or discuss getting the trespass sorted at all?

Kind regards, Mac

Moonbeam
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Re: Neighbour mutilated ancient trees

Post by Moonbeam » Tue Jul 29, 2014 12:46 am

Did who suggest it Macadam. Sorry I dont undersatnd, What trespass?

Treeman
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Re: Neighbour mutilated ancient trees

Post by Treeman » Tue Jul 29, 2014 7:49 am

Moonbeam wrote:Treeman I know that the law says he can cut branches that overhang. But is the law right?? There is more to consider here than the law. what about morals?

Arbourlad, thatnk you for the information.

Roseburg, he has cut up to the boundar maybe a couple of inches over in a few places. He took all the trimings away and piled them up on his garden, that is theft isnt it? He owns the trellis it is on top of the fence.

Why do some people hate trees so much they have to do this
You are upset and your views on this are polarised, here is the other side of the argument.

The morals thing works both ways, surely it was your moral duty to prevent your trees causing problems for your neighbour. Morals cant be used to licence an on going trespass.

Is the law right? well its long established precedent so yes its right until a judgement says it isn't.

Why do some people love trees so much that they expect to be able to use someone else's land to grow them? I quite like livestock and I have half a dozen heifers that I need to house, can I put them in your garden?

People mostly don't hate trees per se, but in my experience they prefer not to have someone else's trees taking up their garden

Keeping the branches is only theft is they intend to permanently deprive you of them, I am sure if you ask they will chuck them over the fence for you.

MacadamB53
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Re: Neighbour mutilated ancient trees

Post by MacadamB53 » Tue Jul 29, 2014 7:59 am

Hi Moonbeam,

sorry for the missing word, it should have read:

did you suggest or discuss getting the trespass sorted at all?

the branches were trespassing into someone else's airspace.

you mentioned he approached you about felling the trees and that you (quite understandably) said "no way".
I was wondering if during the conversation you did the neighbourly thing and informed him he could cut back the overhang.
if not he may have eg visited this forum and discovered the same...

is it the standard he's done it to that has upset you, the lopsided appearance, or just that he didn't ask?

all three are understandable but none warrant calling the police or taking legal action.

Sympathetic regards, Mac

despair
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Re: Neighbour mutilated ancient trees

Post by despair » Tue Jul 29, 2014 9:58 am

If the trees have been cut back to the trunk then they were planted too close to the boundary

try to think how this now looks from your neighbours side

it must look truly awful and he will have to look at it

You had a responsibility to resolve the matter amicably in june by understanding his rights and the trespass of your trees

Rosenberg
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Re: Neighbour mutilated ancient trees

Post by Rosenberg » Thu Aug 07, 2014 2:02 am

MacadamB53 wrote:the branches were trespassing into someone else's airspace.
Is that right Mac?

MacadamB53
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Re: Neighbour mutilated ancient trees

Post by MacadamB53 » Thu Aug 07, 2014 9:53 am

Rosenberg wrote:
MacadamB53 wrote:the branches were trespassing into someone else's airspace.
Is that right Mac?
Hi Moonbeam,

it's "causing a nuisance" rather than "trespassing" - different things in the eyes of the law.

(thanks Rosenberg)

Kind regards, Mac

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