Trespass

[3xkindlers]

Why would a qualified local aborist owner/operator with good reviews and risk his reputation by trespassing on my property to work on a tree on my property and then bulls***t me that he can legally cut branches overhanging neighbours side! Told him whilst up the tree that all he had to do was knock at door rather than his team risk being eaten by my dog. He's know ignored my phone call asking for his bill, thinks I will ignore his law breaking. Any advice, thinking of giving his yard a recce as I know how twitchy he get.

[Paul Barton]

Hello. That's a pretty spicy first post on the forum. My advice would be sort it out between yourselves or report it to the police. Simples!

 

 

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[3xkindlers]

Thanks for common sense reply. Just wound me up, I work for many tree surgeons who have learnt to ask permissions first, saves any aggrevation and usually gets more work.

[eggsarascal]

Let his tyres down. That'll learn him.

[inthewoods]

How much are you billing him for?

[harvey b davison]

why are you billing him, if you didnt ask for the tree to be cut.

[3xkindlers]

I've requested his bill that he charged the neighbour. If the neighbour continues to get puppets to cut my trees it's causing bad feeling.

[skyhuck]

Why would a qualified local aborist owner/operator with good reviews and risk his reputation by trespassing on my property to work on a tree on my property and then bulls***t me that he can legally cut branches overhanging neighbours side! Told him whilst up the tree that all he had to do was knock at door rather than his team risk being eaten by my dog. He's know ignored my phone call asking for his bill, thinks I will ignore his law breaking. Any advice, thinking of giving his yard a recce as I know how twitchy he get.

 

He is not incorrect here, your neighbour does have the right to cut back to boundary any overhanging branches. These branches are "trespassing" on their land, this is an actionable nuisance which he is entitled to remedy.

 

He was wrong to go on your land without asking, but its a civil matter, so the police will have no interest, unless a breach of the peace is likely to occur.

 

Your only coarse really would be to take him to sue him, but you would need to prove you have suffered some loss for which you require recompense.

 

Why do you want to see the bill?

Edited January 22, 2017 by skyhuck

[Arbitree]

Previous person is correct. Any Arborist worth their salt should be aware of BS3998. Trees and the Law. Anyone is entitled to cut any branches overhanging their boundary but are required by law to offer said cuttings BACK to the land owner as they are technically their property however, trespass is trespass and permission must be obtained to enter onto another's property. Communication is key.

[openspaceman]

He was wrong to go on your land without asking, but its a civil matter, so the police will have no interest, unless a breach of the peace is likely to occur.

 

Your only course really would be to take him to sue him, but you would need to prove you have suffered some loss for which you require recompense.

 

 

That's the way I see it too.

 

You would have to prevent him entering your land to do the work, once he's there it's the civil matter of trespass.

 

We had this happen on railway work where the trees had to be pruned, to prune them to the boundary meant the cuts were not to a good standard but often access was denied to cut back to the branch collar. So it becomes debatable whether any loss has occurred by doing a better job.

[Bath_tree_man]

Agree with Skyhuck at #8