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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Jones I have been trespassed. My neighbour employed a tree

Resolved Question:

For Ben Jones
I have been trespassed. My neighbour employed a tree surgeon to cut overhanging branches, but the firm cut branches well inside my boundary by up to 60mm in some places, robbing my trees of years of mature growth. The explanation given by the neighbour, when asked by me, and which proves his complicity in my view, was that the branches were cut inside my boundary to avoid having to employ a tree surgeon to come back in a year or two to carry out the same operation, thus saving him money.
My wife is particularly distressed about an apple tree which she and her son's planted when they moved into the property some thirty years ago. I am particularly annoyed about the tree surgeon's cavalier attitude overall.
Can I claim for compensation for this trespass through the small claims court and his much, if any, compensation, could I expect to receive? The case is clear cut (no pun intended!) in my view.
Kind regards
Patrick Iredale
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, thanks for requesting me - unfortunately this is a question which is not within my area of law. I will open to it to all other experts and someone will hopefully pick it up soon. Please do not reply to this as it will just lock the question back to me. Many thanks

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Dear NicolaI'll continue to wait for an answer. Please continue with your search. Thank you.Kind regards
Patrick
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Thank you for your message. I do hope there isn't too much of a delay as I wish to take action as soon after the offence (19th May) as I can.Regards
Patrick Iredale
Expert:  Ash replied 1 year ago.

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

What is it you want to achieve please?
Alex

Customer: replied 1 year ago.
I want to sue my neighbour and the tree surgeon for a clear case of trespass. I am looking for financial compensation of around £1000.
Expert:  Ash replied 1 year ago.

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 compensate 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.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
AlexThank you for your speedy and comprehensive reply. Just a couple of questions before I proceed further. Can I claim against both the Tree Surgeon, who committed the trespass and my neighbour who employed him and allowed (and possibly encouraged) him to cut the overhanging branches within my boundary? And finally, is £1000 each a realistic figure to ask for as compensation, or could it be higher, in your view?Regards
Patrick Iredale
Expert:  Ash replied 1 year ago.

1. Yes you can

2. No I think its too high, unless you have a £1000 of damage.

Does that clarify Patrick?
Alex

Customer: replied 1 year ago.
AlexThank you for your reply.1) OK, I will proceed on that basis.
2) How does one assess the value of damage to mature trees? The stolen branches don't have a financial value as such as once they are removed they are just firewood. The value is more intrinsic and the stress this has caused both my wife and I must have a value, surely. Anything less than £1000 for each guilty party, would seem to me to be insulting for such a blatant disregard of the law.Your views would be appreciated, now I have explained my reasoning in more detail.Patrick Iredale
Expert:  Ash replied 1 year ago.

Well Patrick there are guidelines for personal injuries. For example where an injury recovers within 1 month it would be £580 to £1160, within a year up to £3500.

You can put whatever figure you want, but then it is up to YOU to convince a Judge that is the actual loss value.

Does that clarify?
Alex

Customer: replied 1 year ago.
Alex, HiThank you for your advice to date. I have considered your last reply and do have one final question before I complete your survey. What type of arguments could I put forward to justify a figure of £1000 (£250 for each trespass) to a judge? Mature branches were removed well inside my boundary and will obviously take years to re-grow. My wife and I have therefore been deprived of the enjoyment of this mature appearance in our garden. Plus, there must surely be some kind of penalty for such a blatant act of breaking the law.Kind regards
Patrick Iredale
Expert:  Ash replied 1 year ago.

You are the Claimant, you have to prove the claim and damages. As I cant be instructed I am unable to provide submissions for you.

There is no penalty as such - its down to you, to convince a Judge you are worth such an award. You bring the claim remember. You have to justify the figure you are seeking.

Can I clarify anything for you about this? Alex

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: replied 1 year ago.
AlexThank you for your reply.I understand you can't 'act' for me and acknowledge there are no statutory penalties for trespass, but can you suggest a phrase, or phrases that might be more likely to impress (or influence) a judge regarding our loss of enjoyment caused by the lopped branches inside our boundary.I have incurred costs already (your fee) and the small claims will cost me, so I wish to appear as professional as I possibly can to ensure the maximum chances of receiving compensation for this trespass.Kind regards
Patrick
Expert:  Ash replied 1 year ago.

You just need to say that - loss of enjoyment, that is your loss.

You dont need to say anything other than that.

Can I clarify anything for you? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Alex,Thank you for that. No further questions. ��
I'll now go to the survey.Kind regards
Patrick
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex