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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My neighbour at the bottom of my property has just chain

Resolved Question:

My neighbour at the bottom of my property has just chain sawed off about 12ft off the top of my trees. He made no effort to contact me to discuss the matter. They were just butchered and my tenant came home to find the debris. It is likely that they had to enter my property to remove some of the branches. What are my options as I don't want them to think they can just get away with this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Was the bits chopped off on your side or over his boundary line?
Alex

Customer: replied 1 year ago.
Both
Customer: replied 1 year ago.
I wouldn't have a problem if it had been just his side of the boundary. The trees are on my property and as previously stated, he has taken about 12ft off each of four or five trees.
Expert:  Ash replied 1 year ago.

Ok - well it is an offence, its criminal damage. So go back and report it again. They should investigate and prosecute if necessary.

As for the damage done

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.
Thanks Alex. When I spoke to the police they said they would only do something if threats had been made, even though I mentioned criminal damage and trespass. It looks as if they may have entered my property to remove some of the branches. They may have been up a tree at the time but technically they would still have been on my property. How much compensation could I reasonably ask for?
Expert:  Ash replied 1 year ago.

they are wrong - its criminal damage.

I cant say how much to ask - I would keep it as £10,000 or under as a small claim

Does that clarify? Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
You've been a great help and given clear instructions how to proceed.
Many Thanks Alex,
Martina Lockerbie-Mosford