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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have come home to find that my neighbour without any discussion

Resolved Question:

I have come home to find that my neighbour without any discussion or consent has chopped down my conifer hedge to below fence level and dumped all the waste from this in my garden. I am so angry this hedge took years to grow...what should I do ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
For now please let me know whether it was on your side or the neighbours land?
Customer: replied 1 year ago.
This was on my land , the conifer hedge was on my side of a fence.
Customer: replied 1 year ago.
The conifer hedge was on my land.
Expert:  Ash replied 1 year ago.
Ok, then this is criminal damage and should be reported to the Police. They can investigate and prosecute where necessary.If parts of the tree were overhanging then your neighbour is entitled to cut off those branches and offer back the cuttings.BUT you should also speak to the Council as this is also fly tipping. So two offences: criminal damage and fly tipping.You can also sue the neighbour for loss and damage as a result.You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not comepnsate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Expert:  Ash replied 1 year ago.
Can I clarify anything for you about this today please? Alex
Customer: replied 1 year ago.
As somebody would have needed to come onto my land to cut these trees and dispose of the foliage on the opposite side of my garden would this also constitute trespassing?.
Expert:  Ash replied 1 year ago.
Yes, but thats a civil matter rather than criminal. Your main claim is criminal damage for the cutting and fly dipping for disposal.
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
Yes, many thanks for your help
Expert:  Ash replied 1 year ago.
Great. If I could ask you to rate my answer before you go today please, otherwise the site doesn't credit me for the time spent with you. Have a good weekend.
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