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In law can my neighbour enter my garden and chop down a small tree without my permission?

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When I realised that my tree ( small Eucalyptus 2 yrs old) had been chopped down I went to his house to ask him he readily admitted that he had done it because he and his wife did not like it and some of the branches hung over on his side of the hedge. My husband and I are really upset needless to say we had an angry confrontation however this neighbour says that he had every right to do this but we feel that this is not the case. Does anyone have any advice about what we can do about this please?

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  1. thats sure sounds like tresspassing to me and destruction of property


  2. No, in British law they are only allowed to chop the branches that overhang into their garden.

    Nor sure what you can do though.

  3. No, they can cut off what is hanging over the fence and legally, they have to ask if you want what they cut off! Solicitor or small claims court for the cost of  replacing the tree - get a quotes from a couple of landscape gardeners and make sure it's for a specimen or mature tree! (UK)

  4. If it was on your land he had absolutely NO right to trespass onto your land to chop it down. Although he would have the right to prune the branches that went onto his land. But no he had no right to chop down your eucalyptus x x x

  5. how dare he! that should have been my Eucalyptus tree, he'd be missing a little trunk of his own by now! in law your neighbour can only cut branches off your tree if they overhang the fence into his garden, he has absolutely no right what so ever to enter into your garden unless invited or there's an emergency and he has no other choice, frighten him to death, send him a solicitors letter (it would be worth a couple of quid to stop him in his tracks!), don't waste your breath on the ignorant as-h-l-e.

  6. I agree with scotts girl, contact the police or go and cut his flowers down and tell him you did it because you didn't like them. The Cheeky beggar.

  7. It is a tortious trespass that you can recover punitive damages for. get a lawyer who takes personal injury cases on a contingency basis, and sue the SOB --- the lawyer gets a percentage of the damages, but only if he wins, and charges you nothing except costs. Since your neighbor is likely insured, there is a deep pocket to recover your damages from.

  8. by law he can only cut branches that hang over his property. You can get a lawyer and make him replace the tree, but it would be cheaper to just buy a new one.

  9. Your neighbor doesn't even have the right to enter your property, let alone cut down a tree.  I would absolutely call the law on them.  Wouldn't that be kinda like you going over and tilling up his garden because you don't like vegetables.  This is obviously a person who believes he's above the law and thinks he can justify anything because he wants control of not only his property but also yours.  Please don't put up with it.  The law probably won't do anything but take a report.  I would take him to civil court to cover damages.  I would make sure that he knows if he ever enters your property again that he will be arrested for trespassing.  I'm not a lawyer, but I've learned through legal problems of my own with neighbors that they can't even reach over the fence and cut what they can reach.  They can only cut what comes over the fence onto their property.  Yours is certainly not such a case.  He just went too far.

  10. He has no right.

    You should contact your local council in the first instance, and also the police to register it as a crime.

  11. only one answer to that     "NO"!!!!!!!.

  12. In the UK no, he has committed and illegal act. In law your neighbour is ONLY allowed to cut the branches that overhang his garden fence.

  13. An interesting situation, and very irksome for you. You have received much sensible advice, and the only point I wish to make is that, should you decide to sue your neighbour, and this is not a course of action you should follow without much thought, it would be best to go through the small claims court, where the cost is fairly minimal, and the maximum damages which can be awarded well exceed any compensation you may justifiably seek.

  14. UK LAW:  Your neighbour has the right to cut off any branches overhanging HIS property but not the right to come into your garden and chop the tree down!  He's trespassing surely.

    These articles may help.....

    http://www.google.co.uk/search?hl=en&q=C...

    http://www.google.co.uk/search?hl=en&q=C...

    http://www.desktoplawyer.co.uk/dt/browse...

  15. Go and destroy his garden & then say you didn't like it as according to him you are allowed to.

  16. No they cannot! This is trespass and criminal damage. You can bring criminal charges onto both of them, along with a restraining order..

  17. no they have not the right. it's referred to as willful destruction of private property under the tort laws. the tree over hang is a different issue that could and should have been handled differently, in an arbited situation. call the police, file a legal complaint. and follow it up.

  18. No-one has the right to enter your property without your permission - the cheeky git !  If the branches were overhanging his garden, he could trim them from his side but not cut the tree down.  What he did is illegal  - but don't know what you can do about it now.  He's a rotter !

  19. In most towns and municipalities you cannot trespass on someone else's property without their previous consent.

    I would contact your town's By-Law officer to verify this fact.

    In your case I feel there should be some kind of compensation made to you for the cost of the tree at least!!

    However, If they are so aggressive as to cut down someone else's tree. I would steer clear of any confrontation - God only knows what this could lead to.

  20. no he did not have right to do this, he is only allowed to cut the branches that protude over his land then he can give them bk to u. i hope he came out in a rash from the sap lol. think u need to have a word with a solicitor.

  21. Your neighbor trespassed AND he may have committed sabotage by cutting down your tree without your permission.  That's not a good way to maintain good neighbors!

    A two-year-old Eucalyoptus isn't even that big!!!

    Contact your local authorities as I don't know what state you are in.   Photograph the damage.

    (I don't see what contacting a certified arborist can do for you other than advertisement; the damage has already been done.)

    I'd take these people to small-claims court.  Or maybe ask Judge Alex (lol) but it all depends on your city/state.

  22. OMG as if! I cant belive that! NO he can certanly not do that. YOu can get him done. Phone the police and complain and he will proably charged with criminal damage. He could have just asked you to trim the branches on his side!! My boyfriend is a police officer and he said call the police!! Its and offence!!#

  23. That is not legal in the US.  Don't know where you live.  Here the law is that he could cut down branches that hang on his side of the property line, but he is not allowed to kill the tree.  Sounds like trespassing and destruction of property.  Call the law and file a complaint.

  24. Your neighbour most definitely did NOT have the right to enter your property and cut down your tree without your consent.  That I know for certain - that and the fact that he can only cut down any part of the tree that overhangs his garden.  Even then, in law, he is obliged to offer you all the cuttings from his efforts.  I'm less certain about what redress you have but I'd strongly suspect you could sue him for trespass and criminal damage.  I pity you having such a hot-headed, crazy neighbour.

  25. No it`s not legal, he could be done for criminal damage. Call your local Police.

    He can legally chop branches that hang over his fence, that`s all.

  26. This is interesting. You 1st should contact a certified arborist ,so that they can give you written documentation on this situation as far as taking action . The arborist will write up an estimation of the tree lost in fact,and this certified letter will help in your case .

    More than likely the neighbor will have to replace the tree with one of equal size and value or pay outright the value of the tree. The fact your yard was tresspassed upon is definately illegal , given his only right is for pruning branches overhanging his property , and even in this matter ,a neighbor whom prunes your tree from his yard cannot do so to an extent that it will damage your tree. Again , this is a need for an arborist,usually found in your areas better tree care companies.

    So good luck with your pursuit  and remember ,hire an arborist.
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