How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
Type Your Property Law Question Here...
Joshua is online now

During work to replace a fence, my neighbour came into my garden,

This answer was rated:

During work to replace a fence, my neighbour came into my garden, not having asked or received my permission and waiting for me to go out, he cut down a tree which was growing from his side of the fence into my garden. The trunk was growing through the fence(his) but the entire canopy was in my garden and we enjoyed the tree! In order to cut the tree down he also cut down a rose bush, a plum tree and damaged a great many other plants and shrubs that had great sentimental value! He has also left a great deal of cement around the fence posts and gravel along the bottom of the fence! I have had issues with this neighbour before and have had to call the police on at least three occasions regarding his aggressive and threatening behaviour so feel a face to face conversation regarding this problem would not be suitable !
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience May I clarify that the fence in question that he was replaceing belonged to him please rather than you?
Customer: replied 2 years ago.
Yes the fence belonged to him! We had no previous notice that the work was taking place and panels were removed without warning despite the fact that I have a dog!
thank you. In terms of the tree itself, if the tree grow out of his land, he is entitled to remove it irrespective of the fact that much of the canopy overhung your garden. A tree longs to the landowner out of whose land it grows although a landowner whose land is overhung by a tree cannot back any branches that overhang the property without the owner of the trees permission.However, although the neighbour has the above right, he does not have the right to enter onto your land without your permission and in particular does not have the right to damage your property. The actions you describe would amount to criminal damage and you could make a complaint to the police. The police are inconsistent in how they deal with criminal damage; sometimes they will investigate and prosecute what other times, they will sometimes incorrectly advised that it is a civil matter. It is up to the police whether they investigate a complaint or not although you can complain of an officer's decision if you are not happy with it to a senior officer at the police station.Apart from a complaint to the police on the grounds of criminal damage, you can also issue proceedings to recover the cost of repairing or replacing the damaged plants and shrubs with like for like basis and if you are unable to replace the shrubs or plants with like-for-like, you may be able to see claim for loss of amenity in your property. To issue a claim , the simplest way to do so is by using the courts online issuing service: finally, if the neighbour is continually trespassing on your land, you could seek an injunction in the County Court requiring him not to enter onto your land or adopt certain behaviour. this is not likely to be a step you take lightly partly because of the cost (it is £155 to apply but can cost significantly more of a neighbour chooses to defend the application) and partly because of the amount of evidence you would need to collate in order to bring an application - you would need a log of events with statements. However, if you wish to make such an application, you can do so using form N16A I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.
Thank you very much for your help! The work on my neighbours fence has not been completed and the unused panels are resting on the original fence that needs replacing also some fence posts have not been finished by reducing them and capping them to match the others.i worry that the neighbour will try to do more damage to my property when finishing the fence! Is there anything I can do to stop this? I have to leave to go to work !
You could purchase a simple CCTV camera with motion detector which can be purchased very cheaply online and train it on your garden to record evidence. You. An also serve notice on the neighbour not to enter your garden again or you will make a complaint of criminal damage and or obtain an injunction. Ultimately you could apply for an injunction as above but it would take at best a few days to obtain and there is the cost so this iis unlikely to be a preferred option.

If the police accept the previous damage is criminal damage they should be prepared to at least give him a warning and if they do and he reenters then they make consider a prosecution or caution.

Have I been able to help you with all your questions?
Joshua and other Property Law Specialists are ready to help you