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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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
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