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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Damaged tree

Resolved Question:

My neighbour complained to our local authority about our high trees ( Conifers ) on the boundary between us and them that were on our property, we fought to keep them but the neighbour won the case under the anti social behaviour act and we had to cut them to an acceptable level. Since then another deciduous tree of ours has died on the same boundary , we have had an arbonist in and it was confirmed the tree was holed and poisoned and we believe our neighbours done this but they deny they have touched it . Having spoken to several people it appears to be very difficult and costly to prove such a case without cctv evidence or substantial proof. is this so? And would it be worth us perusing , also what are the chances of us winning the case if it went to court

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know if you are assuming it was your neighbours?

Alex Watts :

Also when you say go to Court, do you mean a civil or criminal court please?

Customer:

Hello Alex,

Customer:

Yes I am assuming It was our neighbours who done this to our tree due to the history I mentioned previously. and we believe this is a criminal act , so yes a criminal court.

Customer:

We have had previous issues with this neighbour as mentioned over high trees in our garden , and the council ordered us to cut our conifers to a lower level from 40 foot high to 2 metres high , we believe they must have poisoned our deciduous tree as the council could not order us to trim this one as it was not an evergreen.

Customer:

so we assume they took things into their own hands to kill our tree with poison

Alex Watts : Its bad news I am afraid, you can't pursue this in the criminal court. The police have not taken action and you can not force them to. Indeed you are assuming it was the neighbour, you have no direct evidence. In the criminal court you have to prove beyond doubt that it is them, you can not do this,
Alex Watts : However if you take civil action the standard of proof is much lower. The judge only needs to be satisfied on balance that it was them. So is it more likely than not.
Alex Watts : therefore you can't take criminal action but you can take civil action.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Hello Alex

Customer:

Thank you for your reply , just one more thing , if we decided to take civil action , considering the circumstances explained in our original question , do you think we would have a good possibility of winning a case such as this ?

Alex Watts :

I think you would yes.

Alex Watts :

Does this help?

Customer:

Hello Alex, thank you for your help , much appreciated , that's all

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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