[Lardman]

Shocking !!! Its not even a leylandii !! Annoying they've done it while you werent there too. Had they even mentioned it before - Do you have a running dispute with them ?

IANAL but I've had "issues" with one of my neighbours who thought if he could reach it he had a God given right to cut anything down.

Its criminal damage, theft (police matters) and trespass (civil matter). If you want to push the matter you are within your rights to do so (You may find if you don't next year its cut a foot lower).

If it was me Id be writing to them (recorded delivery), asking them to replaced the tree otherwise you'll take the matter to the police and pressing charges.

People like that REALLY get on my moobs. Its your garden not theirs !!

Commiserations.

Neighbour disputes are a pain in the butt, I suggest you nip this in the bud before they start taking liberties.

[sclarke624]

Is that your sllotment or garden the tree was on.  OH says its criminal damage and should be reported to police.  He sees reports everyday in his job as civvy in police.

[SnooziSuzi]

OMG!!!  That is unbelievable!!  :evil:

I echo what everyone else has said that he did not have any rights whatsoever to do this.

Was the tree blocking any light / views etc or was it just preventing him from seeing into your property?

Did your neighbour do it himself or did he hire some halfwit to 'tidy it up a bit' and it went a bit pear (or greengage (sorry  :oops: )) shape!?

What did he say when you confronted him?

[goose]

get a few tonnes of manure and dump it right next to his fence...let it rot really nicely....this way he wont be enjoying any bbq's or even be able to open his windows.

[Knight Family]

I totaly agree with what every one has said, I know my next door has 2 hugh and I mean HUGE trees, but there is no difference me cutting it down to wht they did!

On my cause he told me to cut them down when ever I'm ready to !!

[woodburner]

There is a bright side: You could plant a leylandii hedge and never have to trim the top.  :twisted:  :twisted:  :twisted:

I'd report it to the police asap, definitely before approaching them about it.

[sharky]

There is a bright side: You could plant a leylandii hedge and never have to trim the top.  :twisted:  :twisted:  :twisted:

Of course, his neighbor would do it for him. :roll:

Take them to the cleaners.

[Glen]

Right, firstly thanks for all your support and kind words!

I have approached the neighbour in question who appologised profusely claiming they had gypsies in to cut their horse chestnut tree down and they cut this one down in error. They claim to have never approached us about it through embaresment. However, my FIL caugh the wife of the household armed with saw walking in to our allotment going to saw down some elderberry bushes we have! Obviosly she was rather unpolitely asked to go forth and multiply. Since then we have also noticed foot prints across our beds, so i think we will be entering in to WAR!!!

I'm not sure i could be bothered with courts etc, knowing my luck i would loose and be left with costs.

[mrs bouquet]

Did the horse chestnut tree get cut down as well  ?   If they have told you the truth and your was removed and not theirs, you could get your own back by having a tree preservation order put on their chestnut !!! Mrs Bouquet

[mikem]

Right, firstly thanks for all your support and kind words!

I have approached the neighbour in question who appologised profusely claiming they had gypsies in to cut their horse chestnut tree down and they cut this one down in error. They claim to have never approached us about it through embaresment. However, my FIL caugh the wife of the household armed with saw walking in to our allotment going to saw down some elderberry bushes we have! Obviosly she was rather unpolitely asked to go forth and multiply. Since then we have also noticed foot prints across our beds, so i think we will be entering in to WAR!!!

I'm not sure i could be bothered with courts etc, knowing my luck i would loose and be left with costs.

So they have confirmed that someone working on their behalf and in their pay (although more likely it was them) cut down the tree.  As a consequence in my opinion they are therefore responsible and liable.  It doesn't cost very much to make a claim, if you use the website that I mentioned earlier you can work through the claim online and it will calculate how much the costs would be.  I think it unlikely that you would lose the case, I don't think that they would contest it.  If you told them you were going to take court action then I would expect them to pay up providing the amount of the claim was reasonable.  The court forms will be saved and you don't issue the claim until you finally push the button so you can complete the form over a number of days if you want and then change/revise it.!  

You mentioned that it was you allotment, if it is council owned then approach the Allotment Administrator at the council. If it is self-managed then see if the allotment association will take out the court order - that will keep the rest of the neighbours in order as well!

[fatbelly]

Not wishing to seem disrespectful...........but my brother has a neighbour whose trees are gigantic and cut out all the sunlight to my brothers garden. My brother has approached the neighbour polity asking could they be trimmed so that he could get some sun in the summer. But the neighbour just said 'no and if you touch them I will sue'.

It is a difficult situation, my brother now has no sunlight into his back garden except in the very high summer but then only for a few hours a day.

If your neighbours trees were cutting out the sunlight in your back garden and you respectfully asked them to prune and they point blank said no what would you do??

[Zak the Rabbit]

you would make a formal request for them to be dealt with. If they are blocking your light you can claim its reducing your standard of living, and can request a court order to have them trimmed. Again through the courts. You CANNOT just cut them down except for limbs that overhang your property, and even then the cut parts must be given back to the owner. You also cannot go onto your neighbours property to cut anything.
Cutting what does not overhang you property - Criminal Damage
Not returning cut limbs - Theft
Entering without permission in order to cut them - Tresspass with intent, and quite possibly Going Equiped.

The law is firmly on Glens side here

[naturesparadise]

they had gypsies in to cut their horse chestnut tree down and they cut this one down in error.

im sorry but that sounds like utter BS
to me

and even if true they are still responsible for people that work for them thats the law

and what they did is criminal damage

so there for they should pay for a new tree or at least pay some compensation

i had this with an allotment some years ago one night this bloke who had an allotment came onto mine and took 90% of my veg

he calmed as he had given me the seed he had the right to do it

so i sprayed his lotty with a very powerful weed killer i got from a counsel worker i new  :twisted:  :twisted:  :twisted:

within 48 hur his lotty was dead for the next 8 years  :twisted:  :twisted:

[RichardA]

In my humble opinion it is Criminal Damage contrary to Criminal Damage Act 1971 section 1(1) -- involve the police. If they are not interested then use the local papers to exert pressure or start a civil action.
If the item damaged is valued at less than £5000 then max penalty if Crim Damage Act does apply is £2500 fine or three months jail.
R

[gobs]

As much as we don't like to go to court, I really agree with you there Glen, but small claims are no courts and if I understand it right these are not your neighbours, these are neighbouring your allotment.

Get your committe or council onto the case.

And in real seriousness, if they come around your plot with saws and happen to hurt themselves you are liable, such is the law, you got to take that really seriously and do make them p*ss off.

First of all report them to everybody, allotment thingie in charge, council, police, make records of every single incident.