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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5457
Experience:  Owner at James Bruce Solicitors
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My sympathies to you for working on a Sunday. Yesterday our

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My sympathies to you for working on a Sunday.Yesterday our neighbour cut back branches from our tree that overhung his garage and dumped them along with other debris into our garden. Some minor damage may have resulted to plants etc., yet to be accessed.What is my legal situation and how can I respond? Are his actions legally defined as ‘fly tipping’ or can I pursue him on other ground such a damage and costs? Can I return the debris to him?The tree is in a conservation area and he should have sought the council’s permission. He did not consult me before lopping off branches. He has demanded that I have the tree removed as he claims it is potentially damaging his property.He is bullying and disputatious with a history of unpleasantness against me and other neighbours over supposed incursions into his property, including trying to deny us a right of way down the alleyway in to our properties.The tree cutting and dumping of branches was an aggressive act following a long pattern of other similar smaller actions and abusive behaviour such as cutting and killing climbing plants. In the long term I would like to prevent further acts of harassment and aggression by him. He is not open to rational discussion so there is no hope for negotiation. I can get evidence and testimonials about his behaviour and I have photos and videos of his latest actions.
JA: Where are you? It matters because laws vary by location.
Customer: LOndon
JA: What steps have you taken so far?
Customer: None except to take a video and photos. It only happened yesterday
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 think I have outlined the situation sufficiently.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

sorry to hear what has happened.

The first responsibility for the trees is yourself as the owner of the tree.
If any owner fails to keep trees in a condition so as not to cross onto a neighbours land, the neighbour can cut the branches back themselves.

Of they do this, they must offer the branches back to the neighbour not simply throw them back over the hedge, that is indeed fly tipping and can be reported to the council.

You can write to the person who has  done this, explain the law and show evidence of any damage caused to other plants.

You can then send them a bill for the damage.

Customer: replied 14 days ago.
Thanks, ***** ***** my research. So you are saying that I have to report him to the council for fly tipping and assess the damage and charge him for any repairs? He will not respond graciously so I will have to pursue him. What's the best approach? Am I able to return the debris to his side of fence?

Do not return any debris. If you do, that is also fly tipping.

Send him the bill, if he does not pay, then issue a formal letter before claim for the amount giving him say 28 days to pay, then if no payment received commence a money claim against him at court. That can be done online.

Https://www.gov.uk/make-money-claim

I have also attached a template letter before claim you could use.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 14 days ago.
Thanks. Sorry for this slow response I was called away.

No problem at all.

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