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

Last Monday the property developer next door to my property

Resolved Question:

Last Monday the property developer next door to my property cut down some of my trees in the end of my garden without asking my permission.i was not at home and I spoke to the man who did it and he is not even a treesurgent. He also entered my garden. We live in a conservation aeria and we need a permit from the council to cut trees. What would you recommend me to do please
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 :

Have you reported this to the Police at all? Are any of the trees subject to a protection order?

Customer: No I have not reported to police trees are in conservation area
Customer: Shall I report it to police
Alex Watts :

I would yes. Technically this is criminal damage.

Alex Watts :

Your property was destroyed.

Alex Watts :

The Police can investigate this and prosecute where necessary

Alex Watts :

You could also sue for the damage and seek the cost of replacement

Alex Watts :

You need to write and set out your losses and request a refund 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.

Alex Watts :

If they do not refund (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.

Alex Watts :

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?

Customer: Shall I write to the developer first and which losses can I claim for
Alex Watts :

Yes. You can claim for replacing the trees and damage caused.

Customer: Well which damage can I claim for
Alex Watts :

The cost of replacing the trees

Alex Watts :

Stress, inconvenience.

Alex Watts :

Does that clarify?

Customer: I should have help with writing the letter??
Alex Watts :

I would also complain to the Council. They may be able to and prosecute the person.

Alex Watts :

Help writing the letter - sorry I do not understand?

Alex Watts :

You want me to draft the letter for you?

Customer: I have reported it to council. Yes please if you could draft it please
Alex Watts :

Sadly I am not allowed to. This is a question and answer site and I can only answer questions. By drafting a letter it is considered being instructed and the site does not allow me to do that.

Alex Watts :

But all you need to write is something like

Alex Watts :

On xxxx date you entered my property at xxxxx and cut down tress and did the following damage

Alex Watts :

(list damage)_

Alex Watts :

The cost of putting good this work is £xxxxx (get some quotes).

Alex Watts :

Unless I receive payment of the above sum within 14 days of receipt I will issue proceedings in the County Court without further recourse to you

Alex Watts :

Yours sincerely

Alex Watts :

That is it really. Short and to the point

Alex Watts :

Does that help?

Customer: Shall I still notify police
Alex Watts :

I would yes.

Alex Watts :

And the Council

Alex Watts :

And send the letter

Alex Watts :

That should do the trick

Alex Watts :

Does that help?

Customer: Yes thank you.
Alex Watts :

Great. If I could ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer: Ok just one more thing the amount I paid is that for today's conversation
Alex Watts :

Yes it is

Alex Watts :

Pay as you go!

Customer: Ok thank you
Alex Watts :

Thanks, ***** ***** to rate before you go

Customer: I have done it
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2446
    Over 5 years in practice.
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    453
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1907
    LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    846
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    308
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions