Strange interpretation of my straightforward post as no contributor, other than yourself, has made any mention of a nursery.
Neighbours cut down trees on boundary line
- Thread starter boilerstove
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If they ignore you and cut them down your only avenue is the legal one where you will have to engage a professional to review the folios and official maps and establish where the true boundary lies. Assuming the trees did form the boundary you would then have to take legal action against your neighbour (and perhaps the contractor) for reinstatement of the boundary or compensation.
boilerstove
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Thanks Leo. I'm a reasonable guy and if they'd just come and speak to me, it would be ideal. I don't want the hassle of it and I'm sure they don't either (probably thought they could pull a fast one while we're at work).
We have called around but they won't answer (and instead have hired someone new as we seen a lad dressed in workgear taking a look in) so kind of stuck at the moment.
Say we went down the legal route, what does that look like. It's pretty bloody obvious where the boundary line is from landdirect, where the trees are and also where the neighbors fencing starts on both sides. In fact it looks like the entirety of the tree line is in our property.
As a mod, I'd feel safe enough pinging you some pics just to shed a little colour into the conversation...
Land Direct advise you don't rely on their maps to establish a true boundary, so just be cautious there but in most modern estates, it's usually easier to establish.
Before you go down the legal route, figure out what you want to achieve. A solicitor's letter may well be enough to prevent them going any further, but if they remove all the trees, you may be able to force them to reinstate a boundary in the current location, but they will likely have a say on the form that boundary takes.
If you do go legal and want more than a letter to act as a warning shot, they'll advise engaging an expert to establish the true boundary, from there you're talking a civil action to seek reinstatement of the boundary potentially also with compensation for loss of the trees, though consider what fencing off that area might look like to a judge.
Looking at the pictures, it does look like the boundaries should indeed follow the well established hedge line.
boilerstove
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Appreciate that. I did notice Land direct said it's not to be relied upon but as you state from the pics you've seen, it's quite clear where the boundary is and they have potentially even completely overstepped the mark if using the other neighbours fence for a guide. Hence why I'm so confident about the minimum of where the boundary is.
Solicitors letter would be just to stop further cutting. That's all I want at this stage. I'm not an arsehole and realistically, bar that pic with the large gap, I'm not wanting to go after them for reinstating the tree's they've already removed. I'd rather they just fix up that gap with a small hedge and just stop cutting the trees, let bygones be bygones and all that.
I was thinking something similar but just an ordinary hand delivered letter pointing out but not threatening anything and even suggest an informal meeting with a type of olive branch suggestion or two. Last thing you want is a fallout. Does he have a dog he takes out for a walk so you could just bump into him and surprise him ?
boilerstove
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How long would a registered letter take? They had someone over today looking at it so who knows what their plan is for the morning.
While we've tried to knock and receive no response, I think I'll just pop around with a letter as suggested, asking that they please stop any further tree cutting and that we meetup to resolve this in good neighbourly fashion.
I suppose it's that balance of trying to be nice vs not being a pushover. The fact that they're ploughing on with something without even having the decency to call around is worrying.
24 hrs or less for a registered letter depending on posting time.
What about intercepting the "someone over today" and tell them they are trespassing and to effectively "cease and desist"?
It seems the neighbours aren't willing to play nice, why should you?
I think you must act to protect your interests and your property, as, if all the trees are felled, you'll be asked why you didn't take any action earlier
What about intercepting the "someone over today" and tell them they are trespassing and to effectively "cease and desist"?
It seems the neighbours aren't willing to play nice, why should you?
I think you must act to protect your interests and your property, as, if all the trees are felled, you'll be asked why you didn't take any action earlier
T McGibney
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Only strange if you bothered reading neither the link I provided listing the relevant exemptions nor the (eminently readable) piece of legislation to the same effect that @Leo linked above.
My question to you stands, by the way.
Make sure to mark it hand delivered, timed and dated too and keep copies.
Letter should not be emotive or embellished in any way.
Stick to pure facts and include photos and supporting documentation and end with proposing a one to one discussion to amicably duscuss further.
A third party reading (without any knowledge of dispute) should be able to follow easily and come to a conclusion that you have done everything in your power and you are a reasonable person.
Stick to pure facts and include photos and supporting documentation and end with proposing a one to one discussion to amicably duscuss further.
A third party reading (without any knowledge of dispute) should be able to follow easily and come to a conclusion that you have done everything in your power and you are a reasonable person.
Yes, be sure to prefix all ‘Without Prejudice”
This is a terrible situation in more ways than one if you’re talking mature deciduous trees. Boundary trees are generally co-owned so completely get why you’re upset. Seems v heavy-handed and poorly handled from what you’ve described. Best of luck.
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boilerstove
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Cheers for all the replies folks. Unfortunately as @AlbacoreA stated, I had to go the legal route and get a Cease & Desist letter which we hand delivered (wouldn't get there until Monday otherwise). I've also put up a signpost with a copy of the letter which is very visible (they've basically removed an entire section as well as cutting a load of trees).
It's a right pain to be honest. Had they called in initially, I'd have been willing to pay half and trim the trees down a good bit if that's what they wanted, I like them tall but so long as I retained my privacy (think 2nd floor window height) I'd have compromised. I try my best to be a good neighbour.
We've tried to reason with them face to face, tried to go around to them today when things were a bit calmer but to no avail.
I didn't want to go this route but as mentioned, they had someone in there this afternoon looking at it and I have no clue what their plan is. Their original contractor didn't come back (I called them), so the neighbours clearly know there is an issue with the boundary and just decided to press on and get someone else, zero attempt to communicate with us.
boilerstove
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I've just done a before and after compare pic on my phone. It's actually pretty devestating what they have done. They've removed about 80% of our trees and privacy. Middle fence raised but trees chopped behind it as well. This was very deliberate and malicious with zero consideration for us. It's actually annoying me a lot more looking at the comparison. (Let side blocked as its my neighbours)
Attachments
And standing it will remain.
It has no relevance to the topic under discussion and is just a distraction.
T McGibney
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Your advice to the OP that their neighbour's tree felling was illegal under Section 19 of the Forestry Act was the biggest distraction yet in the course of this discussion.
You should withdraw it.
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boilerstove
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Regardless of which section it was under, it was illegal right? If the treeline is the boundary line.