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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12173
Experience:  30 years as a practising solicitor.
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I have just been physically removed by 2 police officers after

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I have just been physically removed by 2 police officers after trying to prevent the cutting down of a sound approx 50/60 year old tree in a neighbours garden ,which has provided privacy for us for the 16 years we have lived here. All we asked was that we be allowed to check with the council first.
The new occupants of the top flat in our shared property only use the flat as a holiday home and have only owned it for a few months.They are the ones who have cut it down.
Was it legal to physically remove me from the base of the tree?
Thank you.
Thank you for your question.
Yes it was. You were in someone else's garden. They didn't want you there. You refused to leave. The police were within their rights to physically remove you. The reason why you were there is not relevant, I'm afraid.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
I I was not on their property but on an adjacent one but I could have been in way of falling branches. They were unable to remove the other neighbour who was also objecting and on whose property I was standing. We asked to be given time ,as had had no notification of the cutting ,but as the council is shut for a few days were unable to speak to them .The house is shared and the gardens are all adjoining on our property
You said in your initial narrative that you were removed from the base of a tree which was in your neighbour's garden.
-Could you explain your situation a little more?
Customer: replied 3 years ago.
There are 5 garden areas and the top flat /attic flat is far away from their garden .There is no fence between another neighbours garden and theirs so was able to have feet in neighbours garden(he was there also) and still reach the trunk of the tree.
I suppose there is nothing I can do now but I am upset at the tree being cut down,which they did not understand.In fact the tree surgeons were most offensive and said that I was a bam pot and had caused my husband 's stroke and that they hated my accent etc etc.It does not really bother me what was said but more upset at tree loss.
I apprciate your frustration but doubt that you would be able to stop them taking the tree down unless there was a preservation order on it. The police did have jurisdiction to remove you as there would have been a safety issue.
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