Neighbour dispute and selling

bargainhunter121

Sorry in advance for the long post. About 2 years ago a new neighbour moved in behind us. He left us a note just after he moved asking us to phone him as he wanted to cut the height of our trees. We didnt want to as they are mature trees, we maintained them every year or two and compared with our next door neighbours were several feet shorter, and we value our privacy, so we explained that and that was ok. Then 6 months later he asked us again, and this time we sent him a letter repeating was we had said and enclosed photos of our trees. We also asked him not to cut our trees. He then cut the trees, we thought were in his garden, but significantly reduced the thickness of ours. We didnt say anything because we weren't sure if they were our trees or not. Then a few weeks ago, he cut the height of another tree which was definitely ours and has reduced our privacy. We are both disabled and stress affects our health and as he didnt listen to us, I phoned the police for advice. They asked if I wanted to prosecute for criminal damage but I said no, just for someone to have a word with them which they did. We then tried to put up a fence as there were only boundary posts there, but the neighbour behind approached our handymen with his phone, recording them and asking why they were putting up a fence. They got scared and havent returned. Anyway, we've decided not to bother finishing the fence as I cant get anyone, it'll cost a fortune, and still wont stop him from cutting our trees if he wants to. If we were to put our house up for sale, i take it i would have to declare this dispute because i went to the police? It seems unfair that this neighbour who comitted a crime against us, is now devaluing our property also if we were to sell it. He seems to be the winner in this situation no matter what we do. 

bargainhunter121

Ps. We also had to pay for someone to dispose of the branches and tree tops that he left in our garden. 

princeofpounds

Yes you would have to declare it.

What types of trees are they? Are they several conifers close together? Otherwise my answer may be different but assuming no:

Grow a backbone and put up a proper fence at the correct boundary. If he cuts your trees again, get the police to remove him from your land, then take him to court for civil damages or criminal damage if the CPS will prosecute. Make sure you have legal cover on your house insurance.

You have to defend your own rights to preserve them. You sound rather defeatist in your attitude.

Sometimes people can be very selfish about trees. That includes tree growers as well as tree choppers; they can be a huge blight on a neighbour's garden. But given what you have said about him I have little sympathy given his behaviour.

davidmcn

bargainhunter121 said:

If we were to put our house up for sale, i take it i would have to declare this dispute

Yes, of course you would. The whole point of such questions is so that buyers know whether you've got nutjob neighbours, and unfortunately you've got one of those.

bargainhunter121

Ok, so we’ve devalued our house by trying to protecting it. I’m regretting raising the issue at all now. It seems we would’ve been better just letting him do what he wanted and saying nothing. 

It’s too stressful for us to consider court, I have anxiety amongst other health issues. We do have legal cover on our insurance, we phoned them for advice prior to going to the police and also our conveyancing solicitor for advice but got no response despite several attempts. 

Yes they are a few conifer trees close together, but now with gaps. We are on a hill so their house is quite a bit higher up than ours just for info, but ultimately he probably bought the house thinking we would cut the trees at his request as he’s missing out a bit on a view. At least he’s got that now, and we’ve devalued our home and had to pay for the tree disposal too. All we can hope for is that he leaves us alone now. 

youth_leader

I am sorry to read this.  Declaring a neighbour dispute does not devalue your home, it just alerts the new buyer to the dispute.  If I was buying your home I would want to know.  I would also want my boundary with him very clearly defined with a fence.  Find a local person who would not be intimidated by this bully, and get the fence put up.  

bargainhunter121

I had a guy look at the fence/boundary posts today, he said there was no point putting one up as it wouldn’t stop him cutting the trees again if The neighbour wanted. Also because of the trees, putting in concrete posts right across the boundary would prove difficult not to mention the cost to us. I have contacted quite a few people, they either don’t bother coming out or if they do, say it’s not something that they would take on. I was told the boundary posts should be enough to mark the boundary anyway. 

Would we be better to just wait this out if we can for a few years? Would that have less of an impact if we were to sell in future? (Providing he doesn’t do anything else of course)

Anamox

What is wrong with just putting in with the police for criminal damage? You've gone as far as talking to them and asking them to have a word, you may as well let them do the whole hog! You can still call them and ask them to do it. The best case is he gets done for it and you're compensated, the mid case is he's told to never do it again and you don't have to worry and the worst case is nothing happens but he's aware you're watching like a hawk and willing to take it further if he does it again. 

Police forces nationwide do not want people to suffer in silence over disputes, especially if it's made you feel intimidated. From the Met police on neighbourly disputes: "We would rather hear from you, and find ways to help, than find out that you were suffering in silence."

Davesnave

bargainhunter121 said:

Would we be better to just wait this out if we can for a few years? Would that have less of an impact if we were to sell in future? (Providing he doesn’t do anything else of course)

Are you serious about selling?  Waiting a few years would serve no purpose. If you want to sell, get on with it and put your energies into that. Yes, you will have to declare this person's actions, but it wouldn't be something that would put me off if I really liked your property. I would be more than happy to sort out the fencing in the same way as I've dealt with an intimidating neighbour in my present property; it's hardly rocket science.

The most important thing is that you market at an attractive, realistic price. Having no solid physical boundary does make me wonder what else might be neglected in your property, but if you are disabled then I can understand to an extent how that has arisen.

Jeepers_Creepers

And, since you would have to declare this issue, add to the explanation that the police were willing to proceed with charges of criminal damage against your neighbour, but that you chose - out of common decency - to currently leave it as a 'cease and desist' warning to the guy to not cut the trees again. (Do you have a police incident reference along with the date? Name of Bobby involved?)

Potential buyers would then have the security of knowing that this issue has been tackled and not just left unresolved, and any further breach by the guy would be actionable - your new homeowner should only have to lift the phone. 

I think, as a buyer, I would be reassured by this - certainly a lot more so than just 'knowing' there's a dispute with a neighbour about trees.

Your right to privacy is far more important than his right to a view (if fact, he has none). Also content yourself with the knowledge that you are in the right here, and have a solution with the law behind you. Your neighb, on the other hand, is stuffed. 

It's a shame you didn't also contact the police when your neighb approached your workers on your land - "but the neighbour behind approached our handymen with his phone, recording them and asking why they were putting up a fence. They got scared and haven't returned".  That is very likely to be harassment or similar, and also worthy of a Police warning.

Can I add that I totally understand - from experience - the stress that's involved in such situations? The feeling of helpless hatred  (not too strong a word) for such yobbish, bullying, unreasonable behaviour.  It's often the early stages that's worse - the not knowing what could happen next; is that a newly cut branch on the ground? Is that gap larger than before?! What else is he going to do?

BUT...BUT...BUT... that stress will melt away only when you tackle it, and you've already started this by contacting the police. I would urge you to not let this guy away with anything from now on - call the cops for any unacceptable incident such as any other 'threatening' approach to anyone on your land, including yourself. If the guy speaks in an aggressive manner, that's enough to cause stress - tackle it. You, on the other hand, remain a beacon of reason and calmness at all times. He will get the message - he'll have no option but to do so. It's a shame that you didn't inform them of the fencer incident - that would have seriously pushed this guy into the 'off-the-scale unreasonable' territory in the policeman's little black book. Please do not let the neighb off with any other unreasonable behaviour - not even an implied threat.

I would also be tempted to reinforce the 'cease and desist' instruction with a letter - ideally from your LP solicitor - 'putting your neighbour on notice' that you have recorded the current state of your trees and that any further cutting, damage or interference by the neighbour will immediately lead to prosecution. Take advice on that last bit...

Keep a regular photographic record of the treeline so you can spot any changes. 

bargainhunter121

I did call the police again when he tackled the workmen, just so they would have a record of it. The second policeman I spoke to told me though It was within in my right to put up a fence, but it was also his right to record what he liked as he was in his garden. I was quite shocked at this. The first policeman was a lot more helpful, I did ask to speak with him but it wasn’t possible. I did get a reference number too. I was worried that the case would be seen as ‘not resolved’ by a prospective purchaser. 

The fence was only ever the concrete boundary posts with wire going through them. Over time the wire has gone somehow. When we moved in 7 years ago, it was probably the same, but the trees were there so we didn’t see the issue and the occupant behind never bothered us, as they had quite a few trees on their side too. 

We don’t want to go to court also because of the costs involved, time and energy. We don’t want to make the situation worse. The neighbours surrounding us are now aware of the issue too and to be honest are loving the drama. One beside us is hoping we do move, as I heard them telling their friend the other day. They want their friend to purchase our house. 

Although we are disabled, it is not visible. On the outside we both look fit and healthy. We also have 6 month old baby to consider, therefore to be honest would really rather not move right now. And jeepers creepers, you are right with how I feel at the moment in the early stages.