Compensation from tree surgeon

Flight3287462

OP in my view you have a claim against the neighbour the trees are over 2m tall.

https://www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries#:~:text=High hedges, trees and boundaries,-You must try&text=Ask your council for a,garden because it's too tall

Wotsit123

Hunyani_Flight_825 said:

OP in my view you have a claim against the neighbour the trees are over 2m tall.

https://www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries#:~:text=High hedges, trees and boundaries,-You must try&text=Ask your council for a,garden because it's too tall

Thanks, looked into that and it’s not that simple , there are formulas for calculating hedge height and council are reluctant to intervene anyway. 

Wotsit123

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

photome

I dont have any answers other than your neighbours sound like *****oles. I do think they need to prove where their boundary lies given you said that it had been moved.

 why didnt you cut back up to the top as the top overhangs your garden

Wotsit123

the_lunatic_is_in_my_head said:

steampowered said:

the_lunatic_is_in_my_head said:

If they have cut past it whilst the neighbour may still not actually have a claim if the neighbour is the type to go down the legal route on principle and the OP lost then OP could end up with a large legal bill. 

What claim do you have in mind from the neighbour? 

You can generally only claim through the courts for actual financial loss - what loss has the neighbour suffered as a result of the branches on the tree being a bit shorter than they were?

I don't see how the Op could be liable for a large legal bill. The neighbour is claiming less than £10k. So this would be a small claim. Legal costs are generally not awarded in small claims.

I don't think the neighbour has a claim through small claims, as you say they haven't suffered a loss. 

If neighbours can rack up legal bills over bins:

https://www.bbc.co.uk/news/uk-england-london-25428801

or repairs:

https://www.lawgazette.co.uk/law/dispute-over-4000-repair-bill-racks-up-300000-in-costs/5055447.article

I'm guessing they can over trees? 

Sorry it's the Sun but one over hedges and a boundary:

https://www.thesun.co.uk/news/14373683/lawyer-50k-bill-neighbour-trim-hedge/

Thanks, that’s an interesting article! 

Tokmon

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

davidmcn

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

the_lunatic_is_in_my_head

Brief reading on community resolution orders appears to suggest they should only be used with an admission of guilt and require the issue to be resolved by way of apology, financial compensation or some other kind of compensation such as carrying out work for the victim.

OP without being harsh it sounds as if you were bullied by the police just as much as the neighbours are bullying you. Suggesting you pay half of £600-2500 in mediation when the amount they've asked for is only £1200 is ridiculous.

If you are obligated to abide by the community resolution order then write a cheque for £500 and post it through their door with a brief letter, only if the community resolution order is actually an admission of guilt include an apology in the letter.

The ball is then in their court as you have abided by the order to pay them compensation and I would advise if you find yourself speaking with the police again over this matter to decline to say anything at all without legal representation present.

Wotsit123

davidmcn said:

Tokmon said:

Wotsit123 said:

So neighbours got back to us with quotes regarding mediation as it turns out most places don’t deal with neighbour disputes so can’t use a regular mediation service and has to be a solicitor. They charge 600-2500 for half a day session. Now neighbours want to split costs halfway but for us it is a lot of money. Would anyone know if we actually have to contribute half the costs? It looks like neighbours are prepared to spend a lot of money to potentially get a few hundred pounds compensation (though I still don’t know what the compensation would be for). We signed community resolution order with police as they suggested it would be best way forward so we can sort things between ourselves but don’t want it to look like we’re not cooperating but simply can’t afford mediation, we could maybe afford £100 a month, shall we suggest that? 

I don't know why you even signed a community resolution order because that basically says you admit to committed a crime and what the resolution is, but i don't see what crime you have committed and the police were wrong with what they had said.

Personally i would just summarise the good replies you have received on this thread explaining why you haven't done anything wrong and if they still think that you owe them money then they can submit a small claim court case against you with the amount owed and it can be legally decided. 

I concur with all of this.

Thanks, in hindsight shouldn’t have signed it but police said we could potentially have a criminal record if we don’t sign it and after 3 visits from them we were so stressed and just wanted it to end. They convinced us that it would be best way for all parties and that they won’t have to come back if we sign it and if we don’t they would call us for interview which would mean having to pay for a lawyer etc. Just seemed best option at the time. 

Ganga

Rather than pay for mediation etc tell the neighbours to stop bothering you or you will see them in court ,if they take you to the small claims court the chances are they will lose but even if they get awarded a small compensation amount it will be less than they are expecting you to cough up front ,i hope they rot in h-ll .