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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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While trying to maintain and trim a topiary bush on our side,

Resolved Question:

While trying to maintain and trim a topiary bush on our side, our neighbors proceeded to attack our topiary bush with a saw even though we were in the process of trimming at the time. They also threatened my 14 year old nephew and started throwing the branches at him which was all caught on video. If we are maintaining and trimming this bush on a regular basis do the neighbors have a right to just attack with a joiners saw. The topiary bush now has a large chunk missing due to the aggressive manner and total disregard for our property?
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 confirm that the bush was wholly on your side of the boundary?

Customer:

yes it was. I'm sure the neighbors will dispute this, Even if they allege that the bush had grown over by as little as 50mm do they have the right to attack and damage it while we were in the process of carrying out our two weekly maintenance by trimming it to ensure it doesn't grow over the boundary. I have video evidence of the neighbors actions that shows their only intention was to damage the bush and intimidate us.

Alex Watts :

What I can say is EVEN if it has grown over their side, they can cut back only that part on their side.

Alex Watts :

They can NOT cut anything on your side or it would be criminal damage.

Alex Watts :

I would report this to the Police as they have no justification to attack with a saw.

Alex Watts :

This may be possession of an offensive weapon or at least a public order offence.

Alex Watts :

I would therefore report this to the Police and they can investigate and prosecute where necessary

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What possible action can be taken over the fact the neighbor threw branches at a 14 year old boy and acted menacingley towards a minor would this be justification for some sort of legal restrictive order to prevent this happening again

Alex Watts :

Unlikely to get a restraining order if this was the first time.

Alex Watts :

If it happened again then yes.

Alex Watts :

The neighbour faces a Community Order - he is unlikely to go to prison

Alex Watts :

Does that clarify?

Customer:

Thanks very much Alex. Excellent Service!!!!!!!!!

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