Tree-destroying neighbour

Veteransaver

desthemoaner said:

Thanks all for the replies, very helpful. First and foremost, I wasn't sure where to put this thread, hence opting for "consumer questions". I could relocate it, but I think the answers given are helpful enough to render that unnecessary. 

The neighbour--or someone acting on his behalf--removed most of the overhanging laurel branches last year, and my friend didn't complain about it at the time, as far as I'm aware.  However, this recent action is "action too far", as he's decided to either enter, or lean over into her property and damage her tree. She's aware that laurel will grow back, so the issue isn't so much the consequences of his action, but the act of entering her property to cause that damage.

I think she's aware that a protracted and bitter dispute with her neighbour will benefit nobody, and is hoping to draw a line where the situation currently rests, given that the tree will grow back. However, she wanted to know her rights in case the neighbour has designs on further damage, and therefore, although its handy to know that he probably has committed criminal damage, she's unlikely to pursue the avenue of legal action further UNLESS he repeats his incursions in some other way.

I'm pretty sure that her shed is only small--she mentioned a figure of 90cm, though I'm not sure whether that's height, width or whatever-- and its my belief that he complained about its proximity to the boundary fence simply in an attempt to distract attention from his own actions. 

As things stand and if I understand the above replies correctly, if he does illegally enter her property again she can threaten him with legal action. We both hope that such a course of action won't be necessary.

Thanks again for all the responses. 

The fact that he had it cut back last year does somewhat suggest he was getting fed up of having to do it again, which really your friend should have done and kept it in check, so I can understand why he may have taken more drastic action so he won't have to cut it back for a few years.
My neighbours are pretty considerate and make sure they cut back overhanging branches, as do I, but if I was frequently having to cut back a neighbours overhanging tree I would start to get a bit irked to be honest.
He may not have actually entered the garden either, just lean over or used a polesaw. Did he remove the branches too (or clear up) or leave them in your friends garden?

Grumpy_chap

desthemoaner said:

I'm pretty sure that her shed is only small--she mentioned a figure of 90cm, though I'm not sure whether that's height, width or whatever-- and its my belief that he complained about its proximity to the boundary fence simply in an attempt to distract attention from his own actions. 

If your friend wants your assistance, you need to have the full and correct information.
Whatever this figure of 90cm is, it does not seem likely in the context of size of a shed - it matters not whether that is the height, width, length.
90cm is about 3 feet in old money. 
 - Obviously not the height as a low-level lean to would not solicit the wrath of a neighbour.
 - Less than the width of a door.
 - Too short to even put a lawnmower in

Alderbank

90cm sounds like its proximity to the boundary fence?

TELLIT01

The other question is "Who owns the fence?".  If it belongs to the neighbour, and the laurel is preventing the replacement of said fence, I suspect he would be within his rights to cut the main trunks back to the boundary line too.

Jenni_D

Is there likely to be a Tree Preservation Order on such a tree?

Veteransaver

Jenni_D said:

Is there likely to be a Tree Preservation Order on such a tree?

Not likely, no

desthemoaner

Undervalued said:

desthemoaner said:

Thanks all for the replies, very helpful. First and foremost, I wasn't sure where to put this thread, hence opting for "consumer questions". I could relocate it, but I think the answers given are helpful enough to render that unnecessary. 

The neighbour--or someone acting on his behalf--removed most of the overhanging laurel branches last year, and my friend didn't complain about it at the time, as far as I'm aware.  However, this recent action is "action too far", as he's decided to either enter, or lean over into her property and damage her tree. She's aware that laurel will grow back, so the issue isn't so much the consequences of his action, but the act of entering her property to cause that damage.

I think she's aware that a protracted and bitter dispute with her neighbour will benefit nobody, and is hoping to draw a line where the situation currently rests, given that the tree will grow back. However, she wanted to know her rights in case the neighbour has designs on further damage, and therefore, although its handy to know that he probably has committed criminal damage, she's unlikely to pursue the avenue of legal action further UNLESS he repeats his incursions in some other way.

I'm pretty sure that her shed is only small--she mentioned a figure of 90cm, though I'm not sure whether that's height, width or whatever-- and its my belief that he complained about its proximity to the boundary fence simply in an attempt to distract attention from his own actions. 

As things stand and if I understand the above replies correctly, if he does illegally enter her property again she can threaten him with legal action. We both hope that such a course of action won't be necessary.

Thanks again for all the responses. 

Only if he causes some damage or commits some other offence. Otherwise, if only "trespassing" she can ask him to leave and, if necessary use the minimum force to remove him but that is all. If he does it repeatedly she may be able to get a injunction issued. If so then breaching it would be a criminal offence.

Also, as I understand it he has a right to cut off any branches overhanging his boundary providing he does it from his side and offers her the wood which remains her property. He does not have a right to cut any part of the tree that is on her side of the fence, that could be criminal damage.

 Sorry, badly worded. I meant that she has the option of referring the original incident of criminal damage to the police if he continues to intrude on her property or otherwise harass her. She called Citizens Advice and they confirmed that he has laid himself open to such a charge (as have others here) but she would prefer not to pursue that route unless absolutely necessary. 

 I also checked the deeds for her, and when the property was built in 1973 the Conveyancing document confirmed that the boundaries are party fences, so he really shouldn't make any changes to those boundaries without her consent.

Thanks again to all contributors because she now has certainty going forward. 

the_lunatic_is_in_my_head

Veteransaver said:

The fact that he had it cut back last year does somewhat suggest he was getting fed up of having to do it again, which really your friend should have done and kept it in check, so I can understand why he may have taken more drastic action so he won't have to cut it back for a few years.

I don't really see why someone should have to cut back branches that hang over into their neighbour's garden?

Sure if they were elderly or such you might do it to be nice but isn't it swings and roundabouts? You maintain your garden and part of that is dealing with what grows through from next door and vice versa. 

Anyway as has been said, it's criminal damage, a thread posted here before with similar situation saw the neighbour get one of those community order thingies after the police attended.