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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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The law sates that I may cut down parts of bushes or trees

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The law sates that I may cut down parts of bushes or trees overhanging my property providing I offer the cuttings back to the owner as it is in effect their property. Does the law apply the same whereas wreaths I have placed on a grave my be removed by the Grave deed holder providing they are offered back to me, or would the removal destruction and disposal of the wreaths for malicious reasons be in someway illegal
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There is nothing in the Cemetries Clauses Act about this and there are no common law cases which relate to the removal or destruction of wreaths (the law deals only with the grave and monument).
However, the removal and destruction could amount to criminal damage under the Criminal Damage Act - "....a person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence..."
So, to answer your question, the removal and destruction of the wreath could amount to the illegal act of criminal damage.
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