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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 19645
Experience:  Solicitor
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Can I sue my neighbour (and win) where he pollarded a 45ft

Customer Question

Can I sue my neighbour (and win) where he pollarded a 45ft high Eucolyptus tree in my garden down to 14ft, He used a tree surgeon and asked permission to 'trim the tree'. I said "of course do what he needs to"
JA: Where are you? It matters because laws vary by location.
Customer: Greenwich
JA: What steps have you taken so far?
Customer: I have asked him to pay for a new fence as compensation, but if he refuses, can I sue and win
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I was away for 4 years (in Spain) and this happened just before my un-anounced return
Submitted: 14 days ago.
Category: Law
Expert:  Jamie-Law replied 13 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 13 days ago.

Hopefully, we can get this resolved quickly.

If you need to contact customer services you can do so by calling free on: 0808(###) ###-####or by email: *****@******.***

You may get a request offering you a telephone call. I am more than happy to do this for you but please note that this is a premium service and therefore attracts an additional charge. This charge is not instead of asking an online question but in addition to. You do not have to accept a telephone call and if you do not wish to have it, please do not click on the request for one. Should you do so then you will be charged for the call.

I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

Expert:  Jamie-Law replied 13 days ago.

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

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 ed legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost

Expert:  Jamie-Law replied 13 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 13 days ago.
Hello Jamie-Law, I am afraid this doesnt answer my question fully. My neighbour used a tree surgeon rather than doing it himself. He also asked permission if it was ok to trim the tree. I said "no problem, do what you need to". If pollarding the tree was what he needed to, then did I give him carte blanche to do what he wanted? I don't want to waste time and money and create stress, just for a judge to find in his favour. I didn't incur any losses apart from my tree being reduced in size. Should I have been having the tree trimmed, whilst I was an absentee landlord as a duty of care to my nextdoor neighbours?
Expert:  Jamie-Law replied 13 days ago.

Yes, you can sue. You sue him, he can sue the tree surgeon.

I hope that helps.