Neighbours

[Leyland Claret]

I’ve been reading the Sycamore Gap thread with great interest as I have a similar style issue. Obviously it is not anyway near the scale of that but I wondered if there is anyone with legal knowledge who can advise on my situation. Back story is I have not spoken to my neighbour for years due to an adjoining fence issue in the back garden that isn’t relative to my new issue but I need to make that clear regarding the relationship I have with them. In the front garden there is a 6 foot wide strip of soil, with various plants and bushes, where the unmarked legal border between our properties runs. In the soil on my side I had a mature Japanese Willow, that had been transferred from my back garden before a re-landscaping approximately 8 years ago, which was very well established. It hadn’t flowered this year so was bare. I came home from work yesterday and found it had disappeared. I checked my CCTV and found my neighbour had cut it down. Me going round to see the neighbour wouldn’t end up well as I would probably end up in trouble. What options do I have, if any, to follow this up? Could it be classed as criminal damage and it be a police matter? I am going to get in touch with the Citizens Advice next week but I wondered what people’s thoughts were. Not a happy bunny as you can imagine.

[Hibsclaret]

Every one needs good ones apparently. It is very difficult to fulfill that need sometimes.

[Im_not_Robbie_Blake]

Hope this helps https://www.reddit.com/r/LegalAdviceUK/ ... ?rdt=57943

[chadders]

My understanding is that they can remove any overhanging limbs on their property. Did they access your property to remove a tree in your garden? Tree roots can have structural implications.
Tough one.
Wish you good luck

[Leyland Claret]

My understanding is that they can remove any overhanging limbs on their property. Did they access your property to remove a tree in your garden? Tree roots can have structural implications.
Tough one.
Wish you good luck

This Japanese Willow was around 4ft tall and at the bottom of the garden so roots and structural damage is not even a question. My neighbour stood on my side of the garden and cut down my tree. Regardless of the fact it may or may not have been dead he should have been to ask for my approval. I have got the full CCTV coverage of him doing the act. It may seem petty, and we now have history, but I’m pretty sure he has caused criminal damage. I just need clarification.

[GetIntoEm]

Are you wanting the police involved? If so, easiest option call 111 and talk them through what's happened

[Claretitus]

Police probably won’t even want to get involved. They’ll probably just trot out the old “ it’s a civil matter “ line. Oh, wait a minute though - they may show some interest, as it’s one less tree to hide behind, with a speed camera, one thing they do spend a lot of time doing, instead of catching “real” villains.

[enduroclaret]

I wouldn’t do a thing. Don’t put him on guard.
You’ll get a chance to to get some form of pay-back. Patiently wait for your opportunity.
If fact I’d be extra nice to him!

[chadders]

That's a tough one. I suppose ultimately what do you want to happen and how far do you pursue it?
Very annoying - I'd be furious.
Plant another! Perhaps slightly further away if you have space.

Utc

[claret wizard]

I’d just build a fence, just on your land, with a really ugly side facing the neighbours property. Thank them for removing the tree as that was the only thing stopping you from building the fence.

[Leyland Claret]

I’d just build a fence, just on your land, with a really ugly side facing the neighbours property. Thank them for removing the tree as that was the only thing stopping you from building the fence.

A fence has been mentioned!

[Tribesmen]

To be honest i think i would move house .
We had kids rented next to us years ago , the Garda were around every couple of weeks all night parties kind of thing .
We were talking about moving out then they were thrown out by their landlord .
You don't need to live like this if you are unhappy .

[Leyland Claret]

To be honest i think i would move house .
We had kids rented next to us years ago , the Garda were around every couple of weeks all night parties kind of thing .
We were talking about moving out then they were thrown out by their landlord .
You don't need to live like this if you are unhappy .

I ain’t moving! I love the house and the area. They are significantly older than me and he’s got a long history of heart trouble……

[DingleDangle]

This is what the Citizens Advice website says:

https://www.citizensadvice.org.uk/housi ... -or-hedge/

Hope this helps.

[alboclaret]

I ain’t moving! I love the house and the area. They are significantly older than me and he’s got a long history of heart trouble……

Booo him when he walk around corner

[Firthy]

I'd definitely put a fence up. Legally it's quite trivial so not worth pursuing that route. Confronting him is only to increase tensions and make matters worse. And although you can joke about it, I'm sure you would feel bad if he had a heart attack when confronted. Just put a fence up and distance yourself from him.

[Clive 1960]

I’ve been reading the Sycamore Gap thread with great interest as I have a similar style issue. Obviously it is not anyway near the scale of that but I wondered if there is anyone with legal knowledge who can advise on my situation. Back story is I have not spoken to my neighbour for years due to an adjoining fence issue in the back garden that isn’t relative to my new issue but I need to make that clear regarding the relationship I have with them. In the front garden there is a 6 foot wide strip of soil, with various plants and bushes, where the unmarked legal border between our properties runs. In the soil on my side I had a mature Japanese Willow, that had been transferred from my back garden before a re-landscaping approximately 8 years ago, which was very well established. It hadn’t flowered this year so was bare. I came home from work yesterday and found it had disappeared. I checked my CCTV and found my neighbour had cut it down. Me going round to see the neighbour wouldn’t end up well as I would probably end up in trouble. What options do I have, if any, to follow this up? Could it be classed as criminal damage and it be a police matter? I am going to get in touch with the Citizens Advice next week but I wondered what people’s thoughts were. Not a happy bunny as you can imagine.

I had same problem years ago at my house i had conifers when i moved in and first thing i did was cut a lot of but the neighbour said some are dead at is side i wondered why it was green at my side and not is but i eventually got them taken out and put a fence up and he wasn't happy with the size of the fence which was in limit , but one day i came home from work and he had painted what i had already done with a different paint which wasn't for fencing so i told him in know uncertain terms never to touch the fence again as it's on my side of my property, he put house up for sale year after , some people think because they have lived there for year's they own the street. So my advice is put a fence up on your side for privacy...

[The Shire Claret]

Ask yourself

Is it worth the hassle, stress or expense …. I’m not saying it’s not a big deal but we aren’t here for a long time and detaching yourself from idiots and your own inner ego equals a much better life IMO

If it’s a one off - maybe leave it be ?

Sometimes if someone like that doesn’t get a reaction , they will get their kicks elsewhere

Never forgive if they don’t deserve it - but certainly forget !

[nonayclaret]

There are several potential issues here which are not easily to pin down if there is no communication with the neighbour.
1. Do you know the exact line of the boundary between the properties?
2. Is it possible that you planted the tree on the neighbour's land, possibly due to the above?
3. Trees grow. Would the mature tree block a lot of light from the neighbour's house?
4. The Police should not ignore "criminal damage and brush it off as "a civil matter".
5. There may be a trespass issue.
6. I would check your house insurance to see if you are covered for legal expenses if you are considering any moves towards litigation.
7. What has happened to the root system of the tree - is it still underground?
8. If you do put up a fence, be sure of the boundary line otherwise the fence may trespass.
9. Escalation of the matter, especially litigation, will almost certainly create stress for you and could drag on for years.
10. I hope this helps.

[The Hung Juror]

Yes I’d be furious, and find it difficult to ignore.

Just one thought though. If you did confront him and there was a ‘dispute’ and then later you decided to move, you would then have to disclose it to a prospective buyer. It could potentially lose you a sale.

[Leisure]

Leyland - Has he got a tree that you could 'remove'?

[Leyland Claret]

My Japanese Willow

IMG_5003.jpeg (459.27 KiB) Viewed 3724 times

[Leyland Claret]

My Japanese Willow being cut down by him

IMG_5004.jpeg (207.77 KiB) Viewed 3715 times

[Dyched]

He’s got a tree that can be taken down. Actually, dig it up and place it where yours was

[Tribesmen]

I ain’t moving! I love the house and the area. They are significantly older than me and he’s got a long history of heart trouble……

Hummm your call .
Just a pity you do not live in Ireland , I could make a phone call that would get his house moved , about 500 feet in the air .

[Hibsclaret]

Neighbours can be a right pain. I had one that blocked my driveway when I was trying to drive out of a shared cul de sac. He then drove up next to me so that I couldn’t get out of the car. When he eventually moved after a minute or two of awkward staring and gesticulating I was late for an appointment so confronted him when I got home at his door. He clearly wanted me to do something because he has cameras everywhere so I gave him a verbal onslaught without getting violent or crossing any lines even though he invited me inside. He was a passive aggressive psycho tbh.

Every time I saw him thereafter I flipped him the bird, initially when he was walking towards me and we crossed paths within just a foot or two. He moved a year or so later thankfully and fired a parting shot of abuse to my other nice neighbours who he had also fallen out with. Good riddance.

[Robbie_painter]

IMG_5003.jpeg

I’d buy him a beer if I was you,saved you a job.

[dougcollins]

I’d buy him a beer if I was you,saved you a job.

That tree is not dead, it's just sleeping.

[Damo]

Rushing to a football forum is a bit of a mad way to resolve your dispute.
Go and speak to him about it like a man.
Or send it to one of those neighbour from hell programs so that the unemployed can laugh about how petty folk can be when they have nothing better to worry about

[bobinho]

Should you have any trouble getting the police round, make a suggestion on social media that your neighbour is a “silly old Barsteward” and they’ll have six officers braying your door down before you can say “far right ageist lunatic”.

Seriously, your best bet here is to allow the geezer to think he’s done you a massive favour… that will irritate the brown stuff out of him. Thank him profusely, and make sure he believes you.

[Leyland Claret]

Should you have any trouble getting the police round, make a suggestion on social media that your neighbour is a “silly old Barsteward” and they’ll have six officers braying your door down before you can say “far right ageist lunatic”.

Seriously, your best bet here is to allow the geezer to think he’s done you a massive favour… that will irritate the brown stuff out of him. Thank him profusely, and make sure he believes you.

…as it happens he is a “silly old barsteward” in the footballing sense! Just makes me dislike him even more…

[beddie]

I think I would seriously identify via your deeds exactly which is your land and then consider planting say a privet hedge, I did that and keep it about 18” high. You look to live on a fairly open plan avenue so the privet kept at that height would be in keeping and you could trim the neighbours side without going onto his property, being low enough you can lean over to pick up the cuttings.

[TsarBomba]

Should you have any trouble getting the police round, make a suggestion on social media that your neighbour is a “silly old Barsteward” and they’ll have six officers braying your door down before you can say “far right ageist lunatic”.

Seriously, your best bet here is to allow the geezer to think he’s done you a massive favour… that will irritate the brown stuff out of him. Thank him profusely, and make sure he believes you.

Love these sort of comments.

I haven’t been to a ‘hurty words’ CAD for about 10 years, and when I did, I told the person to grow up. Havent heard a ‘hurty words’ CAD circulated on the radio for about 10 years either. We don’t go to them.

But don’t let that get in the way..

[whiffa]

Could always go and cut that tree down in his garden, then say absolutely nothing as well. Depends how annoyed you are.

[Jakubclaret]

Try & sort things out amicably it's not worth the stress in life. If you can't just keep away from him the best you can.

[TsarBomba]

Try & sort things out amicably it's not worth the stress in life. If you can't just keep away from him the best you can.

This would be my advice, too.

The civil/criminal route is there, sure, but once you go down that route, there’s no turning back. You have to be watertight for any counter allegation.

I’ve been to many neighbour disputes that have descended into farce, where people are blinded by hatred and have lost all reason.

[Jellybean]

Yes try the amicable route definitely as it's just not worth the stress in the long run, but if all else fails it's crying out for a claret and blue fence, fully painted on his side of course!

[bobinho]

Love these sort of comments.

I haven’t been to a ‘hurty words’ CAD for about 10 years, and when I did, I told the person to grow up. Havent heard a ‘hurty words’ CAD circulated on the radio for about 10 years either. We don’t go to them.

But don’t let that get in the way..

The second paragraph begins with the word “seriously”. It indicates that what came before it wasn’t. It was a clue… obviously you aren’t a detective or you would’ve picked up on that…

[Bordeauxclaret]

Hummm your call .
Just a pity you do not live in Ireland , I could make a phone call that would get his house moved , about 500 feet in the air .

Hmmmmm. How is Gerry?

[Guppyspotter]

I understand it's really annoying but your dispute with the neighbour is doing neither of you any good. There are no winners. Be the bigger man and try to make peace. Invite him out for a beer and have a chat. Sort it out, accept the tree is gone. Ask to get along, you don't have to be mates but you only live once, make it a better life for both of you and your families.

[IanMcL]

IMG_5003.jpeg

He is just a tosser. I would have those ugly things watered with some poison!

[Robbie_painter]

Hmmmmm. How is Gerry?

Hmmmmmm he’s where he belongs.

[Tribesmen]

Hmmmmmm he’s where he belongs.

Did a black taxi tour in Belfast last summer and kind of asked that question . Our driver said he is very rich these days as invested in property.

[Sausage]

I’ve been reading the Sycamore Gap thread with great interest as I have a similar style issue. Obviously it is not anyway near the scale of that but I wondered if there is anyone with legal knowledge who can advise on my situation. Back story is I have not spoken to my neighbour for years due to an adjoining fence issue in the back garden that isn’t relative to my new issue but I need to make that clear regarding the relationship I have with them. In the front garden there is a 6 foot wide strip of soil, with various plants and bushes, where the unmarked legal border between our properties runs. In the soil on my side I had a mature Japanese Willow, that had been transferred from my back garden before a re-landscaping approximately 8 years ago, which was very well established. It hadn’t flowered this year so was bare. I came home from work yesterday and found it had disappeared. I checked my CCTV and found my neighbour had cut it down. Me going round to see the neighbour wouldn’t end up well as I would probably end up in trouble. What options do I have, if any, to follow this up? Could it be classed as criminal damage and it be a police matter? I am going to get in touch with the Citizens Advice next week but I wondered what people’s thoughts were. Not a happy bunny as you can imagine.

All depends on how much you want to fall out with the neighbour. The facts of the case are simple:

1) Your tree was removed without your permission.
2) The act was a crime under s1 of The Criminal Damage Act 1971
3) You have evidence of the crime being committed
4) You suspect it was your neighbour
5) You are entitled to obtain a crime reference number
6) The police are not obliged to pursue a prosecution but could issue a warning
7) With regard to (4) You could pursue a civil case as the burden of proof is 'balance of probability' rather than beyond reasonable doubt

I'd print out the photo of him chopping down your tree and post it through his letter box with a post-it asking "Please explain why you chopped down my tree."

A week later (assuming he ignores your first contact) I'd send a formal Letter Before Action, warning him that you intend to recoup the cost of a replacement tree and compensation for distress, via the Small Claims Court, unless he pays for a replacement tree of similar size and species within a specified time period.

Even if you don't follow through with the legal threat it'll cause him some anxiety and you'll have the pleasure of knowing that he knows you know.

Whatever you do, don't retaliate by chopping down his tree. If you do that then you've lost the moral high ground and you are also on the wrong side of the law.

I've had tw@tty neighbours in the past and I would have gladly spent a couple of grand on solicitors' fees to cause them sleepless nights. Sadly, I never had the smoking-gun evidence of them causing damage to my property.

[Leyland Claret]

*update*
After consideration I wanted to give my neighbours opportunity to right their wrong so I sent them a letter asking for them to supply a replacement within a timeframe or I would have to escalate. This initially didn’t go down too well as he decided to verbally abuse me on my doorstep Anyway about a week later our neighbours were visited by their best friends daughter who funnily enough is a solicitor. That visit lasted around 15 minutes. Within minutes of the friend’s daughter leaving my neighbour jumped in his car and drove off. He returned around 10 minutes later and wandered up my drive with a new tree. Again the conversation wasn’t particularly amicable! So the upshot is I have a replacement but I need to make it more legal to avoid further problems. I am going to build a small fence but obviously I need to get my boundary correct. I have downloaded the deeds from the land registry but it’s very vague so do we have a chartered surveyor amongst this forum who fancies helping out a fellow Claret. As my name might suggest I don’t live too far away so any help would be greatly appreciated.

[whiffa]

I just can't understand why your neighbour didn't nip round and have a chat with you about it in the first place before cutting it down. It's ridiculous that in this day and age people can't just talk to each other. Glad you've got another tree sorted. Suggest you plant it a foot or so further away though

[ollieclarets8]

The plot thickens...

[kentonclaret]

The plot thickens...

It’s better than that Aussie Soap

[Nonayforever]

*update*
After consideration I wanted to give my neighbours opportunity to right their wrong so I sent them a letter asking for them to supply a replacement within a timeframe or I would have to escalate. This initially didn’t go down too well as he decided to verbally abuse me on my doorstep Anyway about a week later our neighbours were visited by their best friends daughter who funnily enough is a solicitor. That visit lasted around 15 minutes. Within minutes of the friend’s daughter leaving my neighbour jumped in his car and drove off. He returned around 10 minutes later and wandered up my drive with a new tree. Again the conversation wasn’t particularly amicable! So the upshot is I have a replacement but I need to make it more legal to avoid further problems. I am going to build a small fence but obviously I need to get my boundary correct. I have downloaded the deeds from the land registry but it’s very vague so do we have a chartered surveyor amongst this forum who fancies helping out a fellow Claret. As my name might suggest I don’t live too far away so any help would be greatly appreciated.

You have obviously "won", accept the victory, carry on as nothing has happened & enjoy the sweet smell of success.

[beddie]

I don’t think a chartered surveyor is of used to you. If you want to do it the professional way then you need to see a conveyancing solicitor, they’ll look at your deeds and hopefully identify your boundary. Depending on that conversation it might result in them having to contact your neighbours solicitors who between them should be able to identify exactly where that boundary is. A cheaper way might be to approach your neighbour and using your deeds try and agree where the boundary falls. Whichever way you go it sounds like a tactful approach will be required. Good luck with it.