Tree removed without owners consent

[AaronN]

Afternoon all,

 

I'm looking for some advice regarding a tree of ours which has recently been trenched around and pushed over by contractors working for a developer/owner. The particular site does not yet have any form of planning application and they are just clearing the site ahead of outlined planning; because of this the LPA are unable to assist.

 

The tree in question is/was a mature hedge row Ash with a Helliwell value of approx. £34k. It is very evident that a mechanical digger has dug around the root plate and pushed the tree over (bucket marks all up the stems and soil displaced)

 

I'm wondering if anyone has dealt with anything similar and what they were able to do about it? (We are currently awaiting a response from the local Police force, but I'm sure that CPS won't be interested due to the value)

 

Thanks in advance

[Gary Prentice]

I've a little experience, in that I provided a report to replace and maintain a number of trees trees that someone had felled in a field belonging to a client.

 

Initially the attending PC was confident that there was a case to answer, but I'm not sure he was supported in that later. I think my report, which run to £40-45,000 if I remember correctly, was used (or was planned to be used) in a civil action, but my involvement ended with the quote and report.

 

I'd suggest that no-one on here is a solicitor, so that should be your first step if the police back out. Also levels off proof differ greatly in criminal and civil cases. Has the developer or any of their employees been questioned under caution?

 

I'm sure Daltontrees will be along to explore and explain the use of Helliwell in valuations, it's very much his forte.

 

It's probably early days yet, so specific questions will get more responses. Good luck, I'll keep looking in to see if there's anything I can answer better.

[10 Bears]

Hello Aaron,

 

Sorry to hear you have had a tree removed without consent. I am a consultant and expert witness, so I will give you some information, but of course, this goes with the caveat that I have not seen the site nor had any other information then you have posted above. Broadly speaking, there appear to be legal infringements that have occurred - but I'm afraid there needs to be more information from you in order to sort out exactly what the situation is. I will give some thoughts/comments pertaining to English law and assuming the situation occurred in England or Wales.

 

This may sound dismissive, but are you absolutely certain that you are the owner of the tree? As the tree is in a hedgerow, is it possible that the other landowner could claim some degree of ownership too? Trees are considered the property of the person who owns the ground that they grow in. This follows that trees on boundaries can be under proportional shared ownership. This would of course muddy the water somewhat if this was the case e.g., they want their 50% of the tree down, but you want to retain your 50% of the tree as standing. It also makes it hard to appoint blame in cases as this. You may be able to prosecute if the tree is under your absolute ownership, but if it is shared ownership you may seek arbitration with no guarantee as to the outcome other than to run up a lot of costs.

 

Immediately though, you will need to take lots of photographs of all elements of the 'evidence' that you can get ie of the tree, the stem damage, tracks on the ground, vehicles on the site etc etc. Don't be shy of taking 50+ pictures if you need - they will be useful later. Also make sure you take images of the tree that would be indicative of its health eg lots of buds on the branches, no signs of decay etc if all relevant. These will help with the argument that the tree was in a healthy condition before the event occurred. I am assuming they have pushed the tree back onto their land - please be mindful of not trespassing to take the pictures.

 

Do you know who the company was that operated the plant machinery? Could you get number plates of vehicles etc.? I am not suggesting any confrontation with these workers if they are on site, but if possible, log details of vehicle registrations that are on site to help narrow down who has been there and may have additional information. These details would only be useful in the event of arbitration. A word of warning here, although it is within your rights to photograph the people on the site (if they are still there), some people do object to this and there is the potential that a confrontation may ensue. I have witnessed this personally in similar circumstances. Hence, surreptitiously, rather than overtly, recording details such as car registration etc is advised.

 

Without going in to any great detail and based on assumptions, there may be the case that they have caused you to suffer 'loss' from criminal damage (loss may not always mean financially), and as such there may be recourse.

 

Could you let us know approximately where you are (nearest large town)? There are various consultants on these boards who may be in a position to help with documenting this situation, leading to the production of the required arboricultural reports etc that are needed if there is a case to answer and you want (if it is possible) to seek prosecution.

 

A lot of this will hinge on the ownership issue though, its important to establish this first as there may be no case to answer otherwise. Feel free to post again with further information.

[AaronN]

Thank you both for the information.

 

I can confirm that although it is a hedgerow tree it is within our ownership (although it could be argued that it may be jointly owned)(especially as the root plate has slide towards their land)

 

The tree has been pushed onto our land and the land I question is just north of Milton Keynes within South Northants

 

I think that we currently need to wait for the Police response so they can gather the "evidence" and witness statements

 

(unfortunately the contractors are no longer on site)

[bluebedouin]

...

 

I think that we currently need to wait for the Police response so they can gather the "evidence" and witness statements

 

...

I think you should follow the advice given above & gather your own evidence asap.If you wait for the police & they decide not to follow up,any potential evidence could disappear.

[10 Bears]

Interesting - as its pushed on to your land, there may be damage to your ground as well ie requiring some degree of landscaping to return to its former state before this incident happened. This may only be minor, but it all adds weight to your case - only if the damage is there of course!

 

You should gather your own evidence, again as pictures as I mentioned previously. You are very unlikely to get a SOCO to photograph the site for you. To involve the Police you *may* get a dismissive comment like this is a civil matter between the landowners, but rest assured that this is not.

 

The matter is criminal damage as under the Criminal Damage Act (1971): section 1(1) of the Act: A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. You situation sits comfortably within this definition.

 

Should you have time, I would like to see some images of the site and situation to see if I can offer any more help.

[AaronN]

My colleague has taken several photograph's but I am due to return to the field with a better camera! and some measurement tools for scale.

 

I'm pretty sure this won't be a straight forward case but I'm keen to pursue any way possible

 

(The attached photo shows the points in which it was pushed and I'll get some better photo's showing the trenching)

[ReubenHayes]

I have been involved in a previous case where a neighbour removed mature Beech trees to gain some more light. This was through an LA so the police may have been a bit better in response.

 

Basically I collected all the information and google images of the site before. I did a cavat value on the trees which was in the high 10,000's. I passed over all the details to the police and they did send someone out. The owner did confess to the works (I was lucky to have photos of the guys working at the time and using his driveway and garden) and agreed to pay a reasonable sum for the planting of new trees.

 

I was given two choices, restorative justice or court.

 

Restorative justice means you can claim for the expense to replace the trees, not the current value.

 

Court is a lot longer and you can claim the value of the trees lost, however its a lot more of a gamble.

 

If you get to that stage, I would suggest take what you are given and be happy.

[Gary Prentice]

I think you should follow the advice given above & gather your own evidence asap.If you wait for the police & they decide not to follow up,any potential evidence could disappear.

 

If you end up having to go the civil route, you're going to need everything 10 bears suggested - don't rely on the police for this as it may not pan out. It won't be a waste of effort on your part.

[Will Heal]

Hello Aaron,

 

Sorry to hear you have had a tree removed without consent. I am a consultant and expert witness, so I will give you some information, but of course, this goes with the caveat that I have not seen the site nor had any other information then you have posted above. Broadly speaking, there appear to be legal infringements that have occurred - but I'm afraid there needs to be more information from you in order to sort out exactly what the situation is. I will give some thoughts/comments pertaining to English law and assuming the situation occurred in England or Wales.

 

This may sound dismissive, but are you absolutely certain that you are the owner of the tree? As the tree is in a hedgerow, is it possible that the other landowner could claim some degree of ownership too? Trees are considered the property of the person who owns the ground that they grow in. This follows that trees on boundaries can be under proportional shared ownership. This would of course muddy the water somewhat if this was the case e.g., they want their 50% of the tree down, but you want to retain your 50% of the tree as standing. It also makes it hard to appoint blame in cases as this. You may be able to prosecute if the tree is under your absolute ownership, but if it is shared ownership you may seek arbitration with no guarantee as to the outcome other than to run up a lot of costs.

 

Immediately though, you will need to take lots of photographs of all elements of the 'evidence' that you can get ie of the tree, the stem damage, tracks on the ground, vehicles on the site etc etc. Don't be shy of taking 50+ pictures if you need - they will be useful later. Also make sure you take images of the tree that would be indicative of its health eg lots of buds on the branches, no signs of decay etc if all relevant. These will help with the argument that the tree was in a healthy condition before the event occurred. I am assuming they have pushed the tree back onto their land - please be mindful of not trespassing to take the pictures.

 

Do you know who the company was that operated the plant machinery? Could you get number plates of vehicles etc.? I am not suggesting any confrontation with these workers if they are on site, but if possible, log details of vehicle registrations that are on site to help narrow down who has been there and may have additional information. These details would only be useful in the event of arbitration. A word of warning here, although it is within your rights to photograph the people on the site (if they are still there), some people do object to this and there is the potential that a confrontation may ensue. I have witnessed this personally in similar circumstances. Hence, surreptitiously, rather than overtly, recording details such as car registration etc is advised.

 

Without going in to any great detail and based on assumptions, there may be the case that they have caused you to suffer 'loss' from criminal damage (loss may not always mean financially), and as such there may be recourse.

 

Could you let us know approximately where you are (nearest large town)? There are various consultants on these boards who may be in a position to help with documenting this situation, leading to the production of the required arboricultural reports etc that are needed if there is a case to answer and you want (if it is possible) to seek prosecution.

 

A lot of this will hinge on the ownership issue though, its important to establish this first as there may be no case to answer otherwise. Feel free to post again with further information.

 

 

Can I ask who is liable for the damaged caused and for paying the fine/ putting back the tree? Is it the land owner who asked the contractor to do the work or the contractor? I am asking because I have priced a job for a home owner to take out an over grown holly hedge that is on the boundary of his garden. He says he is not exactly sure who owns it he says he thinks he does but the lady who owns the field behind thinks she does. He wants the trees out and plans to plant a new hedge. But she doesn't. The hedge seems to be in his garden as there is a fence on the field side. I don't mind upsetting the owner of the field but I also don't want to be liable to have to pay for any thing If she takes it that way. All the work is to be done from the customers side.

Is there anything I can do to protect myself? Like get him to sign Something that says he owns the hedge.

If he hadn't of said anything in the first place I would have just gone ahead and done it because from my point of view they are in his garden

Sorry about the long post

Thanks will