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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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My neighbour has gut down some trees on my property without

Customer Question

My neighbour has gut down some trees on my property without my permission - where do i stand on this?
Submitted: 4 months ago.
Category: Property Law
Customer: replied 4 months ago.
My property is currently rented out and the tenant says he was unaware of the neighbour (who is a landscape gardener) was doing this. The neighbour when challenged says that some branches were overhanging and were a 'danger' to his children in their garden
Expert:  LondonlawyerJ replied 4 months ago.

Hello, I am a solicitor with 20 years experience. I will try to answer this for you.

He had absolutely no right to do this. He had the right to chop down the overhanging branches, but not to come on to your land and cut down the trees.

Do you accept that the trees were dangerous at all? Had there been any complaints about or discussion regarding the trees?

Customer: replied 4 months ago.
I had not been made aware of this and there had been no complaints or discussion surrounding this.
Also having been to see the damage trees further away from the boundary had been taken down as well so it appears that the neighbour is using this excuse to give more light into his garden
Expert:  LondonlawyerJ replied 4 months ago.

He has committed the crime of criminal damage and you could bring the police into this. If he is prosecuted you could end up with some (but probably insufficient) compensation.

He has trespassed on your land and damaged your property. if there is quantifiable loss to you (eg the cost of replanting the trees etc., the loss of the value of the wood in the trees) then you could bring an action in the civil courts, probably as a small claim.

This link will tell you how to do this. https://www.gov.uk/make-money-claim-online

Whether you take action or not is a judgement call for you and depends upon whether you want to see justice done or whether you want to try and preserve any sort of relationship with your neighbour.

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