Strange interpretation of my straightforward post as no contributor, other than yourself, has made any mention of a nursery.
Strange interpretation of my straightforward post as no contributor, other than yourself, has made any mention of a nursery.Your logic would therefore suggest that a forest nursery is exempted from any requirement to have a felling licence if it wishes to uproot one tree as part of their nursery activities, but they would need a felling licence if they require to uproot more than one tree.
Are you seriously suggesting something as farfetched as this?
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.Okay that's understood. So if the boundary has been in situ for x number of years and I have gone out to explain to them that it's still the boundaryline regardless of where I put a fence, what happens if they cut them down anyway which is the threat?
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).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.
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.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.
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.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.
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 ?Would a registered letter to the neighbour stating all that be sufficient in your opinion with a warning that the next stage is to go legal with associated costs?
Would a registered letter to the neighbour stating all that be sufficient in your opinion with a warning that the next stage is to go legal with associated costs?
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.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 ?
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.Strange interpretation of my straightforward post as no contributor, other than yourself, has made any mention of a nursery.
I think I'll just pop around with a letter as suggested
Yes, be sure to prefix all ‘Without Prejudice”Be careful how you word the letter in the event of the matter escalating to legal proceedings later
I think I'd be going legal to pause everything.
And standing it will remain.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.
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.And standing it will remain.
It has no relevance to the topic under discussion and is just a distraction.
Regardless of which section it was under, it was illegal right? If the treeline is the boundary line.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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