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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice.
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My neighbour has now vandalised my hedge on at least 4 occasions.

Customer Question

My neighbour has now vandalised my hedge on at least 4 occasions. First time he cut down an ash tree rooted in my garden with some branches overhaneing his, but he cut it down to 20" tall. It has never recovered. On the next assalt he cut 3' of the top of the whole hedge. While I was on holiday this march he cut down the hedge inbetween our two houses from 6'6" to 9" stumps & ercted a fence on my property. Ten days ago he cut the hedge between our front gardens from 9' to a very ragged 6'-7' & cut along my front boundary (with the road) some 7'4" from his boundary. every assalt takes place while i'm out/away. At no time has he asked for permission & all the timber (some ofthe bushes/trees were up to 5" thick) has been disposed of. the police say there has been NO CRIME. The deeds show the hedge is mine. what case do I have, how can I stop this from continuing mark.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What action are you hoping to take about this?
Customer: replied 2 years ago.


I simply want my neighbour to stop cutting my hedge & need something to show to police to prove that I'm in the right & that they should be taking this more seriously. At this time I'm not chasseing compensation, I just want my hedge left alown.

Expert:  Remus2004 replied 2 years ago.
Thanks.

The reason the police will not charge is nothing to do with the rights and wrongs of the situation. Its just plain that this is not a criminal matter.

At least, you could argue in academic law that it amounts to a criminal damage but its not the type of criminal damage that anybody would think of prosecuting because its not in the public interest. Its a civil dispute. That said, they can get involved in things that should be in the family court when it suits them but there you have it.

That is not to say that you do not have a civil claim in criminal damage or the option of seeking an injunction to stop him taking this action. However, that is a matter for the civil courts. Its not a dispute for the police I'm afraid.

Can I clarify anything for you?

Jo

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