Value of branches?

[Whisker]

Hello,

My next-door neighbour has been cutting my trees and taking the branches for his wood-burner. One time I saw him removing overhanging branches and asked him to put them back over my fence, which he didn't like, so now if course he does it when I'm not there and has also entered my garden on several occasions.

I understand that technically this is theft and that I am entitled to claim recompense for the loss, but how do you value branches? I'm guessing that some wood is more expensive than others, so is it only what would be considered as useable? The branches are up to 8 inches diameter and 30-odd ft in length.

What about the damage to the trees? Ten have had branches clumsily cut back to the trunk in several attempts with a pruning saw, so obviously they have been completely spoilt, as has that whole area of the garden.

Any information you can give me would be greatly appreciated as I'm considering all options before deciding what action to take.

Many thanks in advance.

[Mick Dempsey]

Put some photos up.

[Dan Maynard]

Also, where are you? In England at least he is entitled to cut back to the boundary -  you don't like how that leaves the tree but he doesn't like having 30 feet of your tree over his garden.

[Mark Bolam]

He is legally obliged to offer you the branches back, but 30 feet seems that the encroachment was pretty excessive!

[GarethM]

1 minute ago, Mark Bolam said:

He is legally obliged to offer you the branches back, but 30 feet seems that the encroachment was pretty excessive!

10m is wider than your average terrace house!. If that was hanging over my boundary I'd be a bit pissed

[peds]

I'm picturing big escaped leylandii hedge now... pretty much swallowing the neighbour's front garden. 

[GarethM]

3 minutes ago, peds said:

I'm picturing big escaped leylandii hedge now... pretty much swallowing the neighbour's front garden. 

And the two adjoining!.

 

Must be like a black hole even in summer.

[Steven P]

I get the feeling from your post that you aren't best buddies just now. You could ask him for the value of the wood but would that make your relationship with him tricky - you have to live next door - or would it make no difference.

 

As for value, depends on the species. Softwood, dried and split for firewood, delivered commercially £75 a 'tonne' - builders bag full.

 

If you are onto asking him for money then you also want to emphasise the trespass onto your garden. Might be prudent for neighbourly relations though to chat to him, see which branches are offending him and do it yourself in the future - saves trespass and any charging for the wood he has kept. He might go the other way, mega petty and any fallen twig or branch gets shot back over into your garden - as is his right - for you to deal with.

 

 

If it was me I'd let the branches go but be very clear you will not accept him entering and trespassing in your garden.

 

 

 

And yes, photos would be handy to make a judgement!

Edited yesterday at 15:52 by Steven P

[Whisker]

Sorry, should have mentioned that the trees form an ornamental beech hedge which hasn't been pruned in about 30 years so they're very tall. The big bugger of a eucalyptus is mine too and he hates that with a vengeance because of its leaves (but he has one too!)

 

I always kept any thin lower branches cut back from the boundary (but not to the trunk!) so it would only be the twiggy bits at the ends of the tall ones that would be hanging over his garden.

[Stubby]

Say you will take your gum down if he takes his down . 😄

[spudulike]

Your neighbour has the right to remove any growth that is on his side of the boundary and any roots that pass under the boundary. If he makes the tree unstable or kills it, you can sue. This should be "Offered back to you".

 

If he is coming on to your property without your permission, this is trespass which is a civil law so you could take him to court. The police may get involved if it looks like it is getting a bit saucy.

 

Good luck with charging him for the stolen timber, he will just ignore you I would think.

 

Legals may cost you £250-350 per hour and most legal types will advise you not to take legal action.

 

If it was me and you are significantly hacked off about it, I would get the proof together, seek legal advice and see if you can get a "Cease and Desist" letter sent to him. If he ignores it, you can do him in the manner the letter states. Rough initial cost £350 consultation plus £100 for the letter etc.

 

Other options are man traps, taking up shooting or just clump him, freeze, chip and then feed to pigs. It is a typical IRA clean up process I am led to believe and should sort the issue out but may get police attention.