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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71044
Experience:  Over 5 years in practice
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Ref Trees overhanging and trunk leaning on the neighbors fence.

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Ref Trees overhanging and trunk leaning on the neighbors fence. My next door neighbor brought the above to my attention and wished to cut down the tree. I gave him permission as an act of goodwill. He has cut down the tree and dumped the whole of the branches and trunk segments into my garden stating - 'This is your rubbish so you must get rid of it at your own expense'. I expected him to do the clearance but unfortunately trusted him to conduct removal. He is in the garden business and has the equipment and transport to do so. I now have an estimate of £200 from a tree surgeon to clear it all. I am obviously very disappointed and upset by the neighbour's post action attitude. Do I have any rights of redress?
Jeffrey Worth
You do not I'm afraid.In fact, he has to return it to you to avoid committing the tort of conversion.
He was entitled to cut back overhanging branches without your agreement as long as he returned the foliage to you. One could argue that he could have disposed of it himself since you did give consent but obviously he has chosen not to do so.That isn't particularly neighbourly of him but he is entitled to do it.Sorry but that is your position.Can I clarify anything for you?Jo
Customer: replied 2 years ago.
He also cut down a small tree not transposing on his property and left some mess plus some small plant damage behind
But you had given your consent for him to do that?
Customer: replied 2 years ago.
Not the small tree this was a separate plant. I did not give permission for other plants to be damaged
You would have a claim for something for that if you did not consent.
Customer: replied 2 years ago.
Re What about the damage to other plants plus some mess left behind
Customer: replied 2 years ago.
Please note it was a whole tree that was cut down not just overhanging branches. The second smaller tree was alongside but not causing a problem
It is difficult to quantify the costs of things like that. Obviously no amount of money can replace it and the court has to decide what it was worth. It is fair to say it is usually only a couple of hundred pounds.
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