Legal Stuff.

[Mesterh]

Just a quick one.

 

You come home from work to find that your neighbour has topped your conifers not only without your permission but without even talking to you about it before hand.

 

Some brash left in your garden and some removed, a note saying that you can put any branches left in your garden in there skip they dont mind!

 

Am I right in saying that

 

1 They tresspassed in your garden (had to to get at tops) which is illegal and they can be prosecuted.

2 They have caused criminal damage to your property (the conifers) which they can be posecuted for.

3 They stole from you (removed some branches without offering them back) which they can be prosecuted for.

4 They have littered by leaving some branches in your garden and also caused a potentilal danger by leaving them hung up.

 

Happened to my mate, he isnt going to prosecute but might get police involved if he can? Wants to just scare them more than anything.

 

Since I'm supposed to be a proffesional he is asking me what he can say to them that is the truth and if he can involve the police if necessary.

 

I dont get involved in legal battles with neighbours if I can help it but its a mate and I want to give him the right advice.

 

Any suggestions if my thoughts are right or wrong on this one?

 

Thanks.

[Tom D]

You're right on all four but criminal dammage is the most serious. What the police would say is another matter though.

[Mark Bolam]

If anyone topped my conifers for me I'd probably march them down to the pub and buy their drink all night after the couple of weeks I've just had!

 

Seriously, it's a bit of a liberty isn't it?

 

Did they make a reasonable job of it?

[Mick Stockbridge]

Youre right in saying "Cross youre boundary again and touch my property and I,ll break youre fingers"........... Well not that harsh I suppose, but it makes you wild enough to say something like it. The cheek of it.

[Dean Lofthouse]

Nowt wrong with falling out with neighbours, if they can do things like that they are not worth befriending and should have been taken down to the vets to be put down at birth.

 

I'd say they went against your say so and deliberately did it which is criminal damage

[Peter]

Trespass is not an offence in England, not sure about Scotland.

 

Criminal damage is the best shot, think about the replacement cost of buying new conifers of an equivelent size and having them planted in the back garden, a crane to lift them in ect, and the bill soon adds up!

 

Wouldnt hurt to put a quote together........

[Amelanchier]

Am I right in saying that

 

1 They tresspassed in your garden (had to to get at tops) which is illegal and they can be prosecuted.

2 They have caused criminal damage to your property (the conifers) which they can be posecuted for.

3 They stole from you (removed some branches without offering them back) which they can be prosecuted for.

4 They have littered by leaving some branches in your garden and also caused a potentilal danger by leaving them hung up.

 

 

1. Sounds right - note that you would have to bring a civil case.

2. As above, but as has been pointed out this is the biggie.

3. Technically correct, except what is the value of a conifer top?!?

4. Nah don't bother.

 

Police won't be interested IMO. Did they do a particulary bad job of the work???

[Rod]

i heard that if it is over the boundry they can cut it of as long as they give you it back. and if that they would be liable if they caused the tree to die from their actions

[nepia]

Best advice is 'speak to a solicitor'. You're not one (I assume) so I personally would suggest that you don't try to offer legal advice.

Would you expect a lawyer to offer a mate 'professional' advice on crown thinning and reducing?! Probably not.

I know the victim here is a mate of yours but I still think the best you can do for him is ensure he gets the right advice, even if it costs him a few quid; it would also offer him the opportunity of recourse if the advice was poor.

[Mick Stockbridge]

Best advice is 'speak to a solicitor'. You're not one (I assume) so I personally would suggest that you don't try to offer legal advice.

Would you expect a lawyer to offer a mate 'professional' advice on crown thinning and reducing?! Probably not.

I know the victim here is a mate of yours but I still think the best you can do for him is ensure he gets the right advice, even if it costs him a few quid; it would also offer him the opportunity of recourse if the advice was poor.

 

So what youre saying is he should have asked on a solicitors forum (if there is such a thing) or paid good money to a solicitor before asking someone on here with relative experience for free.