Neighbour cut our tree down without permission.

andygb

On Sunday, we were out in the garden as it was nice and sunny. The neighbours were out as well (they have lived there for two years) and the woman called out to us and asked me if I could cut the top off our holly tree. I said that I would tidy it up a bit, particularly the bit next to their fence.

Anyway, we finished our gardening and went indoors. About an hour later my wife shouted up to me, that they had cut the tree down, actually cut it in half, so it has gone from a Christmas tree shape to a flattened mess.

I was fuming at the time (still am really, because the tree is 25 years old andwas a really nice shape, with plenty of berries and varigated foliage) but decided not to speak to them when really angry.

Yesterday we got back home just as she came out of her house and I stated how angry I was about what she had done. She then tried to blame another neighbour for the damage and then asked me what I expected her to do about it.

What can I do about it, I think it is vandalism or criminal damage.

Farway

How annoying, but now you've calmed down a bit I suppose you must decide just what you want her practically to do about?

Replace it? Maybe an alternative tree?

No lawyer but criminal damage possibly, but apart from making a problem for her it will not solve your tree problem, assuming the police would be remotely interested in a neighbour/s dispute

Will the tree regrow upwards?

Plant another well within  your boundary?

Davesnave

I cut down a 25' eucalyptus a month ago. Although I planted it as a tiny sapling only 8 years ago, it's girth already matched the length of my chain saw bar. The tree was shedding leaves and bark constantly, and with the prevailing wind, much of it was going next door.

Just saying.....

Davesnave

andygb said:

 my wife shouted up to me, that they had cut the tree down, actually cut it in half, so it has gone from a Christmas tree shape to a flattened mess.

The question is whether in doing the 'trimming' they transgressed into your air space, because from a legal standpoint the neighbour is entitled to cut back any branch overhanging their land as far as the boundary.

Of course, the boundary itself, being a concept rather than a thing, can be troublesome to pin down!

No point in contacting the police, especially if you want a clean bill of health on the TA6, should you decide to move.

You can hope that the tree will eventually re-balance itself, but hollies are slow growers.

andygb

Davesnave said:

andygb said:

 my wife shouted up to me, that they had cut the tree down, actually cut it in half, so it has gone from a Christmas tree shape to a flattened mess.

The question is whether in doing the 'trimming' they transgressed into your air space, because from a legal standpoint the neighbour is entitled to cut back any branch overhanging their land as far as the boundary.

Of course, the boundary itself, being a concept rather than a thing, can be troublesome to pin down!

No point in contacting the police, especially if you want a clean bill of health on the TA6, should you decide to move.

You can hope that the tree will eventually re-balance itself, but hollies are slow growers.

The main body of the tree is a metre from the garden fence on our side. it is clearly on our land.

Justagardener

Am I missing something here?...Did the neighbour lean over your fence and cut your tree in half?

andygb

Justagardener said:

Am I missing something here?...Did the neighbour lean over your fence and cut your tree in half?

Yes, they must have done, exactly that, after we had gone indoors after a pleasant afternoon's gardening. I am still fuming, I don't know what to do. I planted the tree 25 years ago, never had any problems regarding it with other neighbours, in fact the last neighbours used to love it because of the birds it attracted - goldfinch, blue and great tits, redwings, robins. The stump which is left, along with the lower branches is around 3" in diameter.

Kim_kim

andygb said:

Davesnave said:

andygb said:

 my wife shouted up to me, that they had cut the tree down, actually cut it in half, so it has gone from a Christmas tree shape to a flattened mess.

The question is whether in doing the 'trimming' they transgressed into your air space, because from a legal standpoint the neighbour is entitled to cut back any branch overhanging their land as far as the boundary.

Of course, the boundary itself, being a concept rather than a thing, can be troublesome to pin down!

No point in contacting the police, especially if you want a clean bill of health on the TA6, should you decide to move.

You can hope that the tree will eventually re-balance itself, but hollies are slow growers.

The main body of the tree is a metre from the garden fence on our side. it is clearly on our land.

But the part they cut - is that on your space or overhanging their airspace?

Davesnave

andygb said:

Davesnave said:

andygb said:

 my wife shouted up to me, that they had cut the tree down, actually cut it in half, so it has gone from a Christmas tree shape to a flattened mess.

The question is whether in doing the 'trimming' they transgressed into your air space, because from a legal standpoint the neighbour is entitled to cut back any branch overhanging their land as far as the boundary.

Of course, the boundary itself, being a concept rather than a thing, can be troublesome to pin down!

No point in contacting the police, especially if you want a clean bill of health on the TA6, should you decide to move.

You can hope that the tree will eventually re-balance itself, but hollies are slow growers.

The main body of the tree is a metre from the garden fence on our side. it is clearly on our land.

  As Kim_kim has already spotted, that's not an answer to the question I posed. 

Justagardener

If they leant over the fence 1 metre into the garden and cut the tree, surely that is in andgb's garden and would be criminal damage..the same as if a neighbour leant over and smashed greenhouse windows with a baseball bat would be criminal damage? If the tree was overhanging the neighbours garden and it was cut straight up from the fence line so that it was not overhanging the neighbours garden then this would be allowed.

andygb

Justagardener said:

If they leant over the fence 1 metre into the garden and cut the tree, surely that is in andgb's garden and would be criminal damage..the same as if a neighbour leant over and smashed greenhouse windows with a baseball bat would be criminal damage? If the tree was overhanging the neighbours garden and it was cut straight up from the fence line so that it was not overhanging the neighbours garden then this would be allowed.

Thanks for your reply, that is exactly how you, I and any sane person would see it.