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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12085
Experience:  30 years as a practising solicitor.
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Land behind our house is managed by a factor of the housing estate. Tr

Customer Question

Land behind our house is managed by a factor of the housing estate. Tress planted there were never maintained by the factor and were cutting significant amount of light from our poetry. We paid cash to a passing tradesman to cut down many of the trees. The factor is now asking if we know anything about this/implying criminal damage. We are in Scotland not England - Where do we stand before we respond?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
So you cut down trees that were an eyesore but weren't yours?
Potentially you're liable for damages.
Say nothing!
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Factors letter implies they view this as criminal damage and intend reporting to police. What happens if police come knocking on my door. One of my neighbours used the same tradesman and they could offer police his number and contact him direct. What would happen to me if I firstly deny all knowledge and then police contact tradesman ?

Expert:  JGM replied 3 years ago.
The police would have to prove any case. You aren't bound to say anything to the police. If they come up with other evidence you still aren't bound to say anything. So the right to silence is how you have to play this at the moment.