Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
It sounds like you may need an injunction to make the owner trim or remove them
You need to write and ask that the trees are dealt with, give the owner 14 days or say you will go to Court.
If he does nothing the go and see a Solicitor to get them to write a letter giving 14 days or else.
That will cost you but it may do the trick and get the neighbour to do something
If not then you will need to go to Court.
Your Solicitor would need to issue a claim using form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court would then consider an injunction to make the owner remove or cut down the trees
Clearly he can also be liable for the replacement fence cost too
If you have to pay for a Solicitor then if you win you should be able to claim those fees back
If the neighbour does not comply with the Court order this is considered contempt
The neighbour can be warned, fined, sent to prison for all.
Can I clarify anything for you about this today please?
We are wanting to replace the fence, as we are waiting for the builder to start, he says he cannot replace the fence without removing the trunks as they have grown to thick to replace panels, we are willing to pay for the new fence.
Yes of course. You may just need an order making him remove the trees
Can we remove the trees without his permission, if we take photographs etc, and give back the trees, as long as we cause no damage to his property.
If they are on his land or you will kill them - no
That would be criminal damage
You can only get a Court order
They have broken through panels, and seem to be planted at an angle, and are more growing through on our side than his.
Thankyou for your help
I understand, many thanks, XXXXX XXXXX for your help in this matter, it is very frustrating, as he keeps all of his other boundaries in immaculate condition.