[Glen]

Hi all, just came home from holiday to find our neighbour who's back garden backs on tou our plot has taken it upon themselves to cut our greenguage tree down!



The tree was at least 15/20' foottall and is now completly ruined! I spoke with the Council who quite frankly were not interested in the slightest!

Why?

[Mike.white]

Blimey... he went to town on that, didn't he??? I think I've seen a post on here somewhere with regards to something like this - if I come across it I'll edit the link into this post. Condolences, mate!

[Zak the Rabbit]

that tree is inside your land? they only had the right to lop overhanging branches, (and have to give them back to you) so long as it doesnt harm the tree.

Sue them!

seriously, id take them to the small claims court for that, thats blatant vandalism. :evil:

[happy chick]

OMG, that's unbelievable!!
Our neighbours did kinda the same thing with our holly tree but stuck to the overhanging branches on their side.  
Your tree is terrible; echo Zak's comments about vandalism and small claims court.  Many commiserations to Glen's family

[GrannieAnnie]

I echo what the others said, they are only allowed to cut back overhanging branches on their side, not the whole blooming tree!  Vandals!!!!!

Sue em!!!!!!!

[richyrich7]

WTF thats theft ! how awful  

How well do you get on with them or did,

[mikem]

I suggest that you work out how much you want in compensation - what do others think would be about the right figure?  I guess that something in the region of £200 - £500.  Then write to the neighbour and ask for that amount in compensation and tell them that in the absence of receiving that sum in full by, say 2/3 weeks time obviously write in the exact date (I normally put in a time as well to focus their mind!) then you will pursue them through the County Court together with costs.  Use the following web site, I have used it a couple of times and it is quite easy:-

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

[Zak the Rabbit]

replacement cost of tree, lets day £40, cost of labour to remove old tree £100, cost of equipment hire £30, loss of 'earnings' ie loss of produce, lets say another £50, loss of earnings time off work to sort it all say 3days at 50 per day £150, emotional damage £200 or more

hit em for £600 !

and dont forget to add the cost of the eggs

(that your gonna lob at their windows)

[Kate and her Ducks]

I agree with the above. They have vandalised your tree and other than cut overhanging branches this is not legal.
Before you take the legal route I wonder if you have spoken to your neighbours to find out why they have done this and explain how angry you are and the illegality of their actions. I don't know what relationship you already have with you neighbours but resolving itout of court may mean that you can maintain some kind of civility. If they fail to recognise your complaint then off to the small claims court if you feel that way.

[amandaandherveg]

Oh dear, that's awful.

Why on earth would anyone think they had the right to do that.  I'd be hopping mad too, I'd knock on their door and ask why they did it?  It's not the money/value, it's the fact that it's your property and they should have left well alone.

Keep us posted on how it all goes, and good luck.  

[mikem]

Having "googled" to try and find the cost of a replacement tree that is 15/20' tall clearly nobody appears to sell them however the web site at the end for a three year plant in my opinion means that your tree was worth a significant amount more than the £65.95.  I guess that it would take say another 7 years before it was mature and similar to your previous one and therefore the amount of compensation you seek should reflect that.

Whilst there is a view that you should try and maintain some sort of civility I am not sure that I could ever have a normal relationship with someone who did this to me!  Anyway they are at the back of you and not beside you so who cares!  I guess that you may have to have a bonfire at some inconvenient time in the future if they left the branches on your side of the fence, if not they are even further at fault!  You need to photograph what was cut off if it is still there and also take a photo vertically above the fence so that you can prove that they cut off what was on your side of the fence, by the look of it the tree was leaning to your side anyway.

St Julien A (semi vigorous rootstock) gage 3-year bare root standard costs £65.95 with postage costs from:-

http://www.ornamental-trees.co.uk/product_PLUM-Dennistons-Superb-(Gage)_317_index.php  - you will have to type all that in as the last bit is too long to get a proper direct link to the site.

The fence looks as though it is theirs; you could always reduce that by half!  I think that I am more annoyed than you if that is possible! :evil:

[compostqueen]

It's not a council matter. Would it be a police matter?  He's vandalised your tree. If you were not in at the time and he didn't have your consent then doesn't it amount to breaching the peace or something  :?  What a lousy thing to do.  I would definitely report it to the police as if he gets away with this what next  

[richyrich7]

CQ it is actually a police matter nothing to do with the council, 2 fold really there's the vandalism of the tree, but they obviously have removed the branches and trunk so it's theft, even if a neighbours tree over hangs you may cut it up to the boundary line only and you must offer the trimmings back as they legally belong to the owner of the tree.

And don't forget the loss of fruit  when sending in a bill

[mrs bouquet]

They obviously knew that they were doing was wrong, thats why they waited until you went on hols.  My mother's neighbour did the same when we all went away, because he knew we would have stopped him there and then.  
I am so sorry, its a blooming lousy thing to do.  Try and bear in mind though that - what comes around, goes around.  They will regret their action one day.  Good luck.  Mrs Bouquet

[Kate and her Ducks]

Makes me apprieciate my neighbours even more. Mine askes me every year if he can cut the overhanging brances from my very unruly quince even though I have told him he can whenever they get in the way. My other neighbours always let me know if they are trimming their trees and ask for access to collect the branches to tidy my garden.
I am very lucky obviously.