Neighbours pruned my tree

[WoodMouse]

Hi everyone. I have just discovered that some neighbours have heavily 'pruned' a small robinia in my garden. Needless to say it has been done appallingly,and without permission. The cuts are all well within my boundaries, 3 feet plus in some cases,and nd the arisings have all been thrown over my fence, again without permission. This is the second time this has happened to the same tree and I now wish to take legal action. Although irrelevant,the tree is maybe 15 feet tall... They are nightmare neighbours and I wish to make them suffer without resorting to violence. Can anyone send me any links re current laws on this please? Much obliged.

 

Send them an invoice for the work to put the tree right

[TRADITIONAL LOGGERS]

Courts and Police are a total waste of expense and time. A polite letter with an Invoice to the landlord might work?

[Chris at eden]

That was what we were told at college, or rather it was Mr Dowsons opinion/understanding.

 

I can't say that I've come across it in Mynors though.

 

Its not in Mynors but it makes sense. If they belong to them then you would just be returning the arisings. Mynors actually says you are obliged to offer them back but it doesn't say they don't have to accept them that is just assumed. No way is it fly tipping. If the owner threw them back it would be.

[Chris at eden]

Send them an invoice for the work to put the tree right

 

You would lose every day of the week with this approach. The tree owners tree is creating a nuisance and the neighbour has a right to abate. This is an established legal precedent.

[Stubby]

You would lose every day of the week with this approach. The tree owners tree is creating a nuisance and the neighbour has a right to abate. This is an established legal precedent.

 

But only to the boundary , not beyond as in this case .

[Chris at eden]

As it has been said before the pruning back to the boundary line is a common law right, they should communicate with you first and offer the branches back. If they don't and they prune back further than the boundary and throw the branches, then yes it would be trespass, fly-tipping etc. You could go to a solicitor and follow the process, it will cost a lot of money and as they are tenants they could just move leaving you with a big bill.

 

I have in the past been contacted by someone (person A) who had a neighbour (Person B) who would cut every overhanging branch, leaf and flower to the boundary. Person A got annoyed by Person B (not just because of this) and when Person B hedge got too large Person A decided to prune back the overhang and reduce the top!! Person B contacted the police and to be fair they came out and just explained the law. Although I personally believe the Police do have better things to do with their time, the Police were very helpful at explaining what they can and can not do. Person A just contacted me to see if this was correct.

 

That could be something worth looking in to if you really want an end to it.

 

They should offer than branches back I agree but there is no requirement to communicate with the owner prior to works. This would apply if it was a building overhanging as the owner should be given the chance to move it. This has been tested in a court setting and there is no requirement to communicate first with trees.

 

It would only be trespass if you entered the land and I don't see it being fly tipping. They are ultimately his branches which you are obliged to offer back. My understanding (or rather Dave Dowson's - I have it from him) is that you can place them back carefully. Could be an issue though if damage is caused in the process but that is a separate matter.

 

Cutting past the boundary or topping is I agree a definite no no!

[treequip]

You would lose every day of the week with this approach. The tree owners tree is creating a nuisance and the neighbour has a right to abate. This is an established legal precedent.

 

Agreed but as I understand this case the works have gone far beyond that required to abate

[Chris at eden]

But only to the boundary , not beyond as in this case .

 

Good point. I forgot about that bit. Long thread!!

 

Still think you would struggle to invoice though.

[Chris at eden]

Agreed but as I understand this case the works have gone far beyond that required to abate

 

as above!

[kevinjohnsonmbe]

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It would only be trespass if you entered the land

 

QUOTE]

 

 

Hi Chris, people seem to get excited about the potential for trespass in these types of situation. I'd have thought It can be avoided by reference to an access order (Access to Neighbouring Land Act) if necessary. I've used one to formalise access to work on a boundary wall from a (belligerent) neighbours land without having to beg, bargain, behold to his rather erratic whim.