Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask in respect of the original fallen tree - was this in a poor state of maintenance (being the reason it fell) or was it simply blown over by the wind?
Simply blown over by the wind.
If the tree was simply blown over by the wind then your mother is not liable for any damage caused because there is no negligence on her part. She can be liable for the cost of removing the tree from his land however as the materail constituting the tree belongs to her. Any costs claimed in this respect by the neighbour must be reasonable and if your mother could demonstrate that lower quotes could be achieved then this is evidence that the costs are not reasonable.
The neighbour has no right to cut down trees on your mothers land. If he does so this can be criminal damage and reported to the police but it can also be grounds for claiming damages - namely the cost of replacing the trees with similar specimens in a size as near as commercially available to the original tree and also for any remaining damage to the land in terms of loss of enjoyment and so on.
If neighbour is bothering your mother with letters this can amount to harassment and again is a basis to potentially involve police. A cease and desist letter can be considered by your mother to the neighbour. If he continues then this would be good evidence of harrassment notwithstanding what he has already done.
If your mother decides to claim damages as above she can consider issuing proceedings in the county court. The simplest way to issue proceedings is by using www.moneyclaim.gov.uk.
Is there anything above I can clarify for you any further?
Does the above answer all your questions or is there anything I can clarify or help with any further?
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