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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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A neighbour has cut down a Beech tree on an avenue protected

Resolved Question:

A neighbour has cut down a Beech tree on an avenue protected by a TPO. He had a woodsman entered my land and cut this tree without consultation or permission. I have informed the council enforcement department. I wish to know how to sue for damages and how much I should sue for?
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.For the avoidance of any doubt please the tree in question was located on your land and the neighbour had a contractor trespass in order to cut it down. Is that correct please?Do you have any evidence to support the above
Customer: replied 1 year ago.

1. I do not have evidence that the contractor trespassed. He was leaning a ladder against the tree from the neighbours garden at the time my wife attempted to get him to stop. However the base of the tree seems to have been cleared by some one.

2 I have photographs of the tree damage.

The tree in question has a long standing TPO with Fife council No, E0008

Area code G1. This includes originally 63 Beech trees, 3 Holly trees and 2 Walnut trees.

Expert:  Joshua replied 1 year ago.
Thank you. The first thing to do is to report the matter to the tree preservation officer. Removing or damaging a tree without permission from the local authority is a criminal offence and the council can prosecute the offender. Therefore involving them as soon as possible is preferable in order that suspicion does not attach to you. The council will likely investigate themselves and if successful you can use the evidence they obtain to also seek damages. You can pursue your neighbour separately if you can show on the balance of probability that it was the neighbour that instructed the tree to be removed. You can sue for the cost of replacing the tree though there is obvously a limit to how large a replacement can be obtained - the council will direct what replacement it requires and this will typically be the maximum available size that can be obtained. In addition you can sue for the reduction in enjoyment of your land as a result of the removal of the tree. This is assessed as far as possible on an objective basis as to the extent it has damged your view or surroundings generally and any loss of amenity you enjoyed from the tree. A surveyor may be required either by ou or a court in order to quantify such damages. In order to claim damages in court you can issue proceedings using form N244 or if you have a specific amount already quantified which I suspect will not be the case form N1.http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=338hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf In practice you should find that the tree officer will be very helpful providing he does not suspect you personally of being involved and will support you in claims and prosecution of your neighbour if there is evidence to demonstrate his involvement. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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