Neighbours tree, how much is fine if cut?

Poshsalt

So the neighbour hasnt lived in the house for over 20 years, the trees are now completely covering the garden making it in complete shadow for the last 5 years.

We had called the coucil and enviroment health they cant do anything.

The trees are on the border line, in his garden.

How much would the fine be if I cut the tops off so we can at least have some sun in the garden.

The trees are taller them the house (45feet) and there is about 8 of them.

We asked the neighbour 20 years ago to cut them and he said he wants it like a jungle, he has 3 houses and doesnt live there.

We want to also put solar panels on the roof but they also shadow the roof of the house.

The trees are conifiers.

Anyone been fined for cutting trees down here? What would be the fine?

user1977

Who mentioned a fine? What's the crime?

canaldumidi

It's a civil matter, not criminal. The neighbour would have to take you to court and claim damages. What is the neighbour's financial loss?

At a stretch I suppose they could claim criminal damage perhaps. Good luck getting the police or CPS to take action on that.....

lr1277

I don't know but was thinking trespass. According to a Wikipedia article, which I did not understand there are 3 types of trespass. One is trespassing on land, which is mainly a civil tort, whatever that means.

There is also trespass of goods, which apparently is covered by Torts (Interference with Goods) Act 1977,. I didn't work out whether this was a criminal offence or a civil liability.

Wikipedia page here:

https://en.wikipedia.org/wiki/Trespass_in_English_law

user1977

lr1277 said:

I don't know but was thinking trespass. According to a Wikipedia article, which I did not understand there are 3 types of trespass. One is trespassing on land, which is mainly a civil tort, whatever that means.

There is also trespass of goods, which apparently is covered by Torts (Interference with Goods) Act 1977,. I didn't work out whether this was a criminal offence or a civil liability.

Wikipedia page here:

https://en.wikipedia.org/wiki/Trespass_in_English_law

None of those is a crime.

Poshsalt

lr1277 said:

I don't know but was thinking trespass. According to a Wikipedia article, which I did not understand there are 3 types of trespass. One is trespassing on land, which is mainly a civil tort, whatever that means.

There is also trespass of goods, which apparently is covered by Torts (Interference with Goods) Act 1977,. I didn't work out whether this was a criminal offence or a civil liability.

Wikipedia page here:

https://en.wikipedia.org/wiki/Trespass_in_English_law

I'd be in my land as its on the line

canaldumidi

Poshsalt said:

lr1277 said:

I don't know but was thinking trespass. According to a Wikipedia article, which I did not understand there are 3 types of trespass. One is trespassing on land, which is mainly a civil tort, whatever that means.

There is also trespass of goods, which apparently is covered by Torts (Interference with Goods) Act 1977,. I didn't work out whether this was a criminal offence or a civil liability.

Wikipedia page here:

https://en.wikipedia.org/wiki/Trespass_in_English_law

I'd be in my land as its on the line

If you are talking about trees on the boundary, with branches overhanging your land, then removing the banches above your land would not constitute trespass.

If you mean that you would be on your land, but the trees/branches you cut are on/above the neighbour's land, that would be trespass.

MobileSaver

canaldumidi said:

It's a civil matter, not criminal. ...

At a stretch I suppose they could claim criminal damage perhaps. Good luck getting the police or CPS to take action on that.....

I think you are very wrong on this.

If someone enters your property to deliberately cut down your trees I would have thought that would be a cut and dried case of criminal damage for which the police would have little choice but to prosecute.

user1977

MobileSaver said:

canaldumidi said:

It's a civil matter, not criminal. ...

At a stretch I suppose they could claim criminal damage perhaps. Good luck getting the police or CPS to take action on that.....

If someone enters your property to deliberately cut down your trees I would have thought that would be a cut and dried case of criminal damage for which the police would have little choice but to prosecute.

The police are hardly obliged to pursue every minor crime they come across.

Poshsalt

MobileSaver said:

canaldumidi said:

It's a civil matter, not criminal. ...

At a stretch I suppose they could claim criminal damage perhaps. Good luck getting the police or CPS to take action on that.....

I think you are very wrong on this.

If someone enters your property to deliberately cut down your trees I would have thought that would be a cut and dried case of criminal damage for which the police would have little choice but to prosecute.

But what would that prosecution be? or fine?

To add we have been cutting the branches over hanging for years and putting them in his garden its not just filled with branches.

macman

It's simple: you can cut them back to the boundary line, but not beyond it.