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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I cut back my neighours tree from my boundary , but accidentally

Customer Question

I cut back my neighours tree from my boundary , but accidentally also cut 7 0r 8 branches back on his side . I know I'm technically in the wrong ,but now we wants to sue me for 5,000 pounds for the damage caused as he says its a fir tree and branches wont regrow.
I have had persistant problems with my neighbour ie if my car is a foot outside his house or my kids football goes over the fense its gone . What can i do , he doesnt want mediation just the money. From my side the branches are trimmed still leaving plenty , but he is insistant that i have ruined the tree and have trespassed on his property (althought I didnt it was done from my side).
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

How can I help?
Expert:  James Mather replied 4 years ago.
-Could you explain your situation a little more?
Expert:  James Mather replied 4 years ago.
PS. I need to know specifically how bad the damage is in the whole scale of things and will it grow back? My fir trees grow prolifically
Customer: replied 4 years ago.

There are 7 or 8 trees growing close to my house on my neighbourside ,

I wrongly have trimmed several branches (8 or 9)on his side on his fir tree that were growing out laterally about 20 ft up ie parellel to bournary ,I left 2-3 foot remaining from trunk. And believed i thinned out the branches ,ie there is still a good coverage of tree ie I havent decimated them . He intially asked for 1,500 , but now wants 5,000 , wont consider remediation or small claims ,and if i dont pay by saturday his solister will write me a letter .What should I do ? Moneys tight and I,ve been out of work for 10 months.

Expert:  James Mather replied 4 years ago.

What would I do? I would probably (actually, for probably, substitute the
word "might") offer him £100 on a without prejudice basis and even then, I
would do it reluctantly.

However as he is now threatened solicitors, I would wait for his solicitor
to write and then deal with it. If you get that solicitors letter, let me know what
it says and I can tell you how to deal with it. Tell him that you have now
taking legal advice and you look forward to getting a letter from his

I think he has more chance of winning the lottery than getting £5000 and he
was asking me the same question, I would tell him the same.

I think he might get (if he decided to go to court) a few hundred pounds at
the most because these are trees and trees grow.

Ultimately, if you simply refuse to pay him, he is faced with taking you to
court and the costs and risks that entails. I would not be confident of him
getting much at all, particularly in what you have cut is hardly noticeable and
is not visible to a great extent from his property.


Incidentally, he is not allowed to keep the children’s ball, that is theft and if he starts the solicitors letters trail you might want to tell his solicitor that you are going to refer it to the police and you want the return of all the balls that he is taken in the past or the cost of them which you will counterclaim (I imagine that they are very expensive balls!)

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