Neighbour dispute and selling

ElephantBoy57

bargainhunter121 said:

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.

If you are thinking of selling, you need to be sure where your boundary line is, in order to explain all this to potential buyers.  It sounds like you are unsure. I assume that you have a large garden?

davidmcn

Bear in mind that, even if the police/CPS thought it worthwhile proceeding with a prosecution, something this minor would probably move at a very slow pace (especially considering the current backlog). Do you want this to be dragging on until a court hearing in, say, two years' time?

bargainhunter121

Elephant boy, at the time (approx 2 years ago) we didn’t check behind our trees to see where the boundary posts were, and we didn’t want to start a row at that time tbh, as we had made it clear to him that he didn’t have permission to cut our trees (apart from overhanging branches of course) and we just assumed he was complying with that. It’s only recently he cut the height off one which has left a gap, and was one of the trees more to the front which made us check. 

We still wouldn’t want to pursue this in court due to the costs, stress and possibility of losing in court (somehow). 

Davesnave

bargainhunter121 said:

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

The second policeman was accurate in what he said, and being accurate is more helpful in the long run than being over-sympathetic and offering false hope. There is no reason I can see why you should be shocked that someone has the right to video in their own garden.

I think you need to make up your minds whether you want to stay or move. There is no earthly reason why a fencing contractor of some stranding, rather than a handyman/woman, could not put a fence up, though it might cause more disruption than you'd like, especially if they wanted to use a mini-digger, but it's up to you to decide whether that or the hassle of moving is the lesser evil. With a secure 2m fence in place you would feel better and might even consider re-vamping that area of garden to suit yourselves, maybe planting more trees out of reach.

Yes, things might feel tough now, but if you move and then later regret it, it will be tougher IMO, so consider carefully.

Davesnave

Anamox said:

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!

As davidmcn suggests, the time frame and gradual psychological wearing-down while waiting for the police/ CPS is one reason. Then there is the distinct possibility that it won't reach court and the neighbour will have won. Private prosecution? Forget it on cost grounds.

bargainhunter121

Another question I was wondering; if my neighbour were to (through some miracle) decide to sell up, would they have to declare the dispute also or just us as we reported it?

princeofpounds

bargainhunter121 said:

Another question I was wondering; if my neighbour were to (through some miracle) decide to sell up, would they have to declare the dispute also or just us as we reported it?

Yes, they should.

bargainhunter121

I've been trying to get a fence put up or wire put through the boundary posts to try and make the boundaries clearer to my neighbour but no one will do it, therefore I cant resolve this aspect without cutting the trees. Is the matter still regarded as ongoing/unresolved?

Davesnave

bargainhunter121 said:

I've been trying to get a fence put up or wire put through the boundary posts to try and make the boundaries clearer to my neighbour but no one will do it, therefore I cant resolve this aspect without cutting the trees. Is the matter still regarded as ongoing/unresolved?

Yes, it has not been resolved.

Why won't anyone erect  a proper fence on the boundary for you? I'm a part time farmer and there's no boundary in existence I couldn't get fenced! I have to, or my stock escapes. Saying no one will do it makes no sense to me at all.

It's clear that you have three choices:

1. Do nothing and leave things as they are.

2. Get the boundary fenced well to ensure this neighbour is kept within bounds. If that means removing trees, so be it. The bare root season is 4 months away and you can plant more.

3. Move. If you do this it will cost maybe £10k in fees and expenses and you will have no guarantees regarding your next neighbours.

bargainhunter121

Hi davesnave. It doesn’t make much sense to me either. I think they see an awkward job and just say no to be honest. In the short term though I would be reluctant to cut the trees due to privacy. If I could replace the steel wire that went through the posts even, that would be something. I’m not sure what tools I would need though or how I would do it. I’m not sure I’m even physically able to, across the entire boundary both with my own fitness and the fact it’s on a hill making it difficult.