How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

My neighbour instructed a gardening business to cut down branches

Resolved Question:

My neighbour instructed a gardening business to cut down branches of my pear tree .They cut the main trunk of at the height of my 6ft wall. I lost all my fruit . They did not approach me and even mention it .The owner of gardening business says he presumed they had permission .Whats the best way for me to proceed.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if the branches were overhanging their land please?
Customer:

Yes some were but as I understand it they should have either asked me or given me back what they destroyed

Alex Watts : If they are overhanging they do not need to ask for your permission. Your tree is overhanging their land and they are entitled to cut back to the property border.
Alex Watts : So anything up to the border can be cut back without permission.
Alex Watts : But they must offer you the cuttings back. They simply can not just dispose of them or dump them over the fence.
Alex Watts : If they have not offered them back this is theft and you can report it to the police. They have stolen your property.
Alex Watts : The police can investigate this and prosecute by taking the matter to court and the neighbour will end up with a criminal record.
Alex Watts : The police may say this is a civil matter, but it is not. They have stolen your property.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you you did clarify what my son who is in the Met Police said

Customer:

Thank you .You have clarified what my son who is in the Met Police said .

Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

I have contacted the police who point blank refuse to do anything . I have been told by my son to lodge a complaint to the IPCC. But that does not help the situation I still have. Any suggestions

Related Property Law Questions