Neighbour strikes again

F

fed up

Guest
I came home from work early today to find my next door neighbour chopping down plants which are on my side of the boundary wall in the back garden.

The plants in question are Cordylines (sp). They have spiky leaves and she has cut them right back to the bark which is clearly on my side of the wall.

I also found that she had cut back huge branches that were overhanging onto her property (which is fair enough). However she has hacked these right back to the tree trunk which again is on my side of the boundary wall. The cut branches and leaves were thrown back into my garden and have destroyed a newly planted bedding area.

I'm so annoyed. I'm going to take photos. Should I send her a solicitor's letter informing her of the law regarding trespass and damage to property?

Has anyone esperienced similar problems? Any advice would be really appreciated.

By the way in case people say 'just talk to her about it'.......she's not the type of person who can hold a conversation without becoming aggressive and I don't need the extra hassle.

Thanks
 
Surely speaking to her first would be the best, it could be that you don't maintain your shrubs as often as she would like, or that she thought she was doing you a favor....
 
Hi,

I can understand your annoyance but don't forget that once you go down the solicitor route there is probably no going back ...

Are you 100% sure that she trespassed on your property?

As you mention above if the branches were overhanging her property she has the right to cut them back and return same to you. It is obviously the manner in which she has done this that has annoyed you.

Is there history to this attack on your trees etc.?
 
I do maintain my garden (back and front). I am quite proud of my gardens and have won prizes for them (local estate competitions). The point is that she had to have trespassed onto my property to do the damage (that is, reach over the wall). A friend of mine told me that once she puts her arm into my garden - she is trespassing onto my property.

As for talking to her............forget it. I've tried in the past and all I got was verbal abuse!!
 
fed up said:
The point is that she had to have trespassed onto my property to do the damage (that is, reach over the wall). A friend of mine told me that once she puts her arm into my garden - she is trespassing onto my property.
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Is entering the airspace of a property trespass? :confused:
 
Sueellen

Yes there is a history!! Last year she demanded that I cut the tree down (which obviously I didn't). I trimmed it and thinned it out. There isn't even a 'light' issue as the branches tend to grow upwards and not outwards.

I've no problem with her cutting back overhanging branches but she has cut them right back to the trunk which is clearly on my side of t he boundary.
 
How far way from the edge of the property is the tree trunk? From the sounds of you i would like to her your neighbours side of the story
 
Is cordyline (sp?) New Zealand Flax? If so I do not know how you could prune this plant. Do your neighbours have children as this plant is very sharp and could cut a child. Also most branches of trees are cut back to the trunk when pruning. The airspace is not really an issue otherwise your neighbour could not return the cuttings without putting their arm over the wall.
I can sympatise with you as we have lalandi as a hedge with our neighbours which grows about 18ins per year and is also a major headache in disposing of. Our light is affected not theirs, so we usually just arrange for it to be cut and disposed of. If at all possible try and keep the peace with your neighbour. A friend of mine gave me very good advice once over a pet dog that was annoying a neighbour. We would have the dog for 10 + years and the neighbour (bar moving) for life.
 
afaik, she should only be entitled to cut them back to the boundary line...cutting them back to the bark is clearly a case of vandalism and I wouldn't stand for that.
Cordyline cut back to the bark is not funny and it will take at least a season to recover. As for your other tree, it will never look the same again.
If she is not approachable, then I would still make her aware she has caused damage and you will be taking it further.
Neighbours who take liberties should be sorted out at the start...
 
tosullivan said:
Neighbours who take liberties should be sorted out at the start...
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Totally agree with this.

Have had neighbour problems in the past and the person I had to deal with was basically a bully - it seems no-one had said no to her or stood up to her before. In fact she more or less said that she would do as she pleases until someone stopped her. Well, she was 'stood up to' and all the other neighbours were made fully aware of exactly what she had said/done etc.

In the end she was a little humbled but you need to tread carefully - this can backfire and antagonise people further - you'll need to guage if she is just hotheaded or potentially violent/nasty. If she is any way streetwise at all she will know that a solcitor's letter means almost nothing and that you probably wouldn't be bothered taking her to court - which is the natural conclusion of these letters - and it all costs money anyway.

How do the other neighbours feel about this person? - even if they are not directly affected by her actions it's good to know that you are not a lone voice
 
it must be the time of year for it - came home today and my tree was pruned. The original neighbour cut back my hedge (llandi) and without asking threw them over my fence. Pretty ignorant in my opinion. He takes his own cuttings and dumps them down the river - why on earth did he think i wanted to keep mine? Thank god he moved away - but it only repeated itself with the new neighbor. He spotted what the previous guy had done and figured why not? at least he asked that time. im sorry i said yes cause when i came home today he had taken my yes for granted and moved on to the tree at the front of the house.

Im currently selling the house so am making sure every inch of the place looks nice. I come home today and see half the tree cut back - and this is the side the viewing public will see as they drive up. Couldnt this fella wait untill its sold?

And me after giving him a computer for free and allowing him connect to my broadband for nothing.
 
I think she is an out and out bully. Several things have happened over the years but they've escalated since my husband died. I've told other neighbours and they agree. But I can honestly say with my hand on my heart that there is no talking with this woman. She just replies with words that I can't post here.......use your imagination!!

She moaned last year when I was getting an extension done even though the builders were very respectful about noise and dirt etc. She shouts at my children not to bounce on their trampoline which is situated down the back of the garden on the opposite side in a lowered paved area. I could go on and on but don't want to bore you anymore.

I was thinking of getting a 2 feet trellis erected on the boundary wall to avoid any more hassle and maybe planting some Pyracantha (which is very spiky!!!) on it. Would I need planning permission as the wall is about 6 feet high?
 
Would she prefer if the kids were on the street corners sellings crack cocaine? Let the children bounce I tell you. I can't see how any can have a problem with kids playing unless it's at 3 in the morning.
 
i'd get a security camera setup in my garden so if she trespasses on your property you can do her for trepassing or buy a dog (boxer, german shepered, doberman) to scare her of or just give her a kick up the ar*e
 
tosullivan said:
Neighbours who take liberties should be sorted out at the start...
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100% in agreement with this. People like her flourish from getting their own way by steam rolling over others. You could consider going on the offensive & give her a taste of her own medicine; find something that drives her wild, but is not in breach of any law, or push a boundary. Get your kids to play loud music, but be sure to stop before the police come, that sort of thing. Find that button and push it. A lot cheaper than a solicitors letter..........
 
fed up said:
I was thinking of getting a 2 feet trellis erected on the boundary wall to avoid any more hassle and maybe planting some Pyracantha (which is very spiky!!!) on it. Would I need planning permission as the wall is about 6 feet high?
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No, you should be OK. Wood panels would give you more privacy than trellis. Also, would prevent you plant to grow over the boundary.
 
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