Neighbours tree, how much is fine if cut?

MysteryMe

This forum is not here to enable criminal behaviour. You are entitled to remove branches that overhang your property. You are not entitled to cut down anything that is not on your property or not overhanging your property. That is criminal damage.  

MobileSaver

Poshsalt said:

MobileSaver said:

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?

Your name in the local papers, a criminal record and a fine of anything between perhaps £8,000 and £90,000. (Criminal damage is a "Level 5 fine" so potentially an unlimited fine.)

Poshsalt said:

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

That is perfectly within your rights for branches that overhang your property. On the other hand, cutting down branches or trees on your neighbour's property is quite simply a criminal offence and rightly so.

yksi

You can cut ONLY the foliage which is on your side of the boundary.

If the parts that cause the shadowing are on the other side of the boundary, you absolutely cannot touch them. They are not yours. Your neighbour is free to grow a jungle if he so pleases, even if that completely prevents you from harnessing solar power. Basically it's tough.

Your only other recourse is contacting council about the issue in case there's some random grounds which might apply such as a rat infestation in his jungle, Japanese knotweed, or unsightly or stinky rubbish piled up, etc.

Twopints

Have you complained, as per Anti Social Behaviour Act:

https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council

Is the hedge (or the part of it that’s causing problems) a ‘high hedge’? Is the hedge:

• growing on land owned or occupied by someone else?
• made up of a line of 2 or more trees or shrubs?
• mostly evergreen or semi-evergreen?
• more than 2 metres tall?
• a barrier to light or access (even if there are gaps)?

Does this hedge’s height harm the reasonable enjoyment of a home you own or occupy and/or its garden or yard?

Are you the owner or occupier of this domestic property?