Neighbour's application to cut back my tpo'd tree

[spudulike]

Neighbours can be complete knob ends and boundary issues will be bread and butter for solicitors however, they seem to advise stepping away nowadays.

Perhaps get a land surveyor to go through the deeds and advise where the boundary should be. Bear in mind that the answer may not be what you want although Adverse Possession is always possible if you have had 12 years access to it and your neighbour has not.

All this will need hostilities to cease and for the neighbour to listen....in my experience, good luck with that.

[topchippyles]

20 minutes ago, spudulike said:

Neighbours can be complete knob ends and boundary issues will be bread and butter for solicitors however, they seem to advise stepping away nowadays.

Perhaps get a land surveyor to go through the deeds and advise where the boundary should be. Bear in mind that the answer may not be what you want although Adverse Possession is always possible if you have had 12 years access to it and your neighbour has not.

All this will need hostilities to cease and for the neighbour to listen....in my experience, good luck with that.

I had this crap with my building plot. The neighbour parked a car on part of the boundary which she was adamant she was entitlement to do even though she had to drive over my ground to park. 

We tried the legal route which failed so i promptly dragged the car from there and build a big retaining wall which did the job. 

[Con]

My sympathies are with you, Lilly.  It sounds like he's trying it on. Some people are mad enough to just go ahead and do things though. The problem is, until he does something,  he hasn't done anything,  if you get me. (Except frustrate you). You've made your position clear to him. I'd just sit back. But the minute he does something act quickly. If it's trespass,  I'd call the police. (I know,  good luck with that)

[openspaceman]

2 hours ago, Con said:

My sympathies are with you, Lilly.  It sounds like he's trying it on. Some people are mad enough to just go ahead and do things though. The problem is, until he does something,  he hasn't done anything,  if you get me. (Except frustrate you). You've made your position clear to him. I'd just sit back. But the minute he does something act quickly. If it's trespass,  I'd call the police. (I know,  good luck with that)

 

This is a situation where the police are unlikely to get involved.

 

I have recent knowledge of a case where an recently built house wanted the shade from some oak and ash trees reduced by lopping 5 metres off the 20 metre trees. The land adjacent, on which the trees stood, is a private common.  The landowner became aware of the plan and told the house owner not to touch his trees.He went on an extended holiday leaving his son at home. The householder had a gang in and topped the trees and would not stop when asked. I  received a phone call from Australia asking me to take photos but it was too late.When the landowner returned there was little to be done  as it was difficult to put a value on the loss.

 

The only thing |I think could have been done would have been a solictor's letter and a n injunction preventing the work.

[Oldfeller]

It might be a good idea to install a couple of trail cameras on your property, placed at strategic points but not obvious to any potential trespassers intent on tree damage, could prove useful at a later date.

[Mesterh]

8 hours ago, Con said:

 I'd just sit back. But the minute he does something act quickly. If it's trespass,  I'd call the police. (I know,  good luck with that)

The problem is once the damage is done, its basically irreversible. Its not like they are going to knock down a wall or fence that can easily be replaced. Tough situation, I dunno what the answer is. Its not like they can threaten prison time if he cuts their tree to bits, it may be a fine and that might not be deterrent depending on how many dollars he has.

 

 

 

[openspaceman]

13 hours ago, Mesterh said:

The problem is once the damage is done, its basically irreversible. Its not like they are going to knock down a wall or fence that can easily be replaced. Tough situation, I dunno what the answer is. Its not like they can threaten prison time if he cuts their tree to bits, it may be a fine and that might not be deterrent depending on how many dollars he has.

 

 

 

Breaking g an injunction is contempt and dealt with severely 

[Con]

15 hours ago, Mesterh said:

The problem is once the damage is done, its basically irreversible. Its not like they are going to knock down a wall or fence that can easily be replaced. Tough situation, I dunno what the answer is. Its not like they can threaten prison time if he cuts their tree to bits, it may be a fine and that might not be deterrent depending on how many dollars he has.

 

Yes. I was referring to trespass.  But yes. Tough situation.

 

And probably on the wrong forum. I can see why the op posted on here, but really it's a legal boundary issue. 

Edited 10 hours ago by Con

[kram]

On 18/07/2025 at 13:46, Mick Dempsey said:

Fencers, like most tradies won’t get involved in border disputes.

 They certainly won’t like being considered as ‘muscle’ for one side or the other.

 

If one side has definative proof of ownership, its no longer a dispute, just a stubbon neighbour that wont accept the fact and perhaps never will. The addition of a proper fence, wall or whatever would reinforce that fact and put an end to any future adverse possesion claim. If the wall or fence becomes intentionally damaged, you can do a small claims against them. Its easier to replace fence or wall than a tree.

 

Worst that can happen is he blocks them from doing the work or commits criminal damage to the new fence after it goes up.
 

 

[Mick Dempsey]

3 hours ago, kram said:

 

 

 

Worst that can happen is he blocks them from doing the work or commits criminal damage to the new fence after it goes up.
 

 

Exactly! From the fencer/waller’s point of view both scenarios are a nightmare 

If he blocks them from doing the work, how do they do the work and get paid?

They certainly don’t want to get physical with a member of the public. 

If he damages the fence/wall every night who is going to pay to repeatedly restart the work?

Go to 1:20 seconds  

 

Edited 5 hours ago by Mick Dempsey