Lucky you, if we have to move we are definitely moving to the country far away from another neighbour. Looks like legal advisors with the house insurance are getting terrible reviews. They are known for not getting back to people, as they haven't with us today. Fab.
We used the legal advice option with our house insurance and found it just fine, although on an altogether different matter - medical negligence. One aspect was made abundantly clear and that was the matter had to be brought to the lawyer’s attention within six months of you knowing there was a problem.
Maybe your legal protection, if you have it, might have a different protocol but they might take the view the problem began when you delivered your letter to the neighbour.
Is there any point In dropping another letter in to him, asking him again not to touch our trees or we'll go to the police? or should I go to a solicitor and establish the boundary for certain first? Even though he never touched this tree prior to now? I'm sorry? I'm just stressed out and want it solved asap.
What was the advice of the Daily Telegraph lawyer? Before delivering the letter I would want a clearer indication of the options. Will the police take action? Do you have access to free legal advice? Can you get an analysis of the suspected soil poisoning?
Bencotto it was to agree the boundary with the neighbour and get him to agree the tree is on my property, then get costs for replanting/the damage caused and get him to agree to pay. Then get a document confirming the boundary and get him to sign that too.
I didnt even know there was such a thing as a soil analysis. The problem is, how much is all this going to cost us? I doubt the police would take action tbh.
I would need to find out if we could get legal aid. I'm not sure if I can deal with the stress of all this tbh.
@New Gardner - Thank you for posting the new photo as it gives us a better idea of the present situation. After looking at that, are you absolutely certain that the tree your neighbour cut down is in your garden? Did he cut it right down or just lop the top off - it isn't quite clear from the photo. Sorry to be a bit picky.
I do think that, in your present circumstances ((new baby, health considerations etc) you would be much more relaxed if you just turned the other cheek this time. If writing a letter would make you feel better, then by all means do so, then let the matter rest.
There is absolutely no point I think, getting into a huge stressful situation when you could take a big breath and just walk away from it. I'm afraid these days you are highly unlikely to get legal aid unless you are on benefits and even then I doubt whether a minor neighbour's dispute would qualify. It's only a tree that's a bit shorter after all and it will grow again!
I wish you well and hope the situation resolves itself, you never know, your neighbour might well move before you do!
Hi Lizzie27, he lopped the top of it off. It’s definitely in our garden as we climbed in between our trees to check where the roots where and the boundary post just to be certain. I do hope it does grow back, but the others he has cut have not grew much, he regularly has his chainsaw out.
I feel like he is using our planning application as leeway that we won’t complain about his handiwork. I probably will just have to walk away from it as there seems to be no quick resolution without a full on dispute really. I just hate bully neighbours though, they can do what they like and for the victims, we have to pour our money and time and stress just to get what’s rightfully ours. Sorry, I’ve had a tough time from bullies in general.
I posted the two photos side side by side to try to get a better understanding of what had been done to you. The problem was that the photos were taken from different perspectives so comparison was tricky.
Has the tree to the left of the yellow conifer in the lower photo been removed?
What makes things tricky is that in the lower (before) photo that yellow conifer sits between the camera and the house with the now visible window and in the after photo the camera has moved some distance to the left.
Thanks for the link. Rhe tree to the left is the one that he has cut the tip off. But a fair bit of the trunk is still there, it's just hiding behind the other tree now because it's so much lower. I'll attach some more photos from different angles;
Posts
Maybe your legal protection, if you have it, might have a different protocol but they might take the view the problem began when you delivered your letter to the neighbour.
I didnt even know there was such a thing as a soil analysis. The problem is, how much is all this going to cost us? I doubt the police would take action tbh.
I would need to find out if we could get legal aid. I'm not sure if I can deal with the stress of all this tbh.
After looking at that, are you absolutely certain that the tree your neighbour cut down is in your garden? Did he cut it right down or just lop the top off - it isn't quite clear from the photo. Sorry to be a bit picky.
I do think that, in your present circumstances ((new baby, health considerations etc) you would be much more relaxed if you just turned the other cheek this time. If writing a letter would make you feel better, then by all means do so, then let the matter rest.
There is absolutely no point I think, getting into a huge stressful situation when you could take a big breath and just walk away from it. I'm afraid these days you are highly unlikely to get legal aid unless you are on benefits and even then I doubt whether a minor neighbour's dispute would qualify. It's only a tree that's a bit shorter after all and it will grow again!
I wish you well and hope the situation resolves itself, you never know, your neighbour might well move before you do!
I feel like he is using our planning application as leeway that we won’t complain about his handiwork. I probably will just have to walk away from it as there seems to be no quick resolution without a full on dispute really. I just hate bully neighbours though, they can do what they like and for the victims, we have to pour our money and time and stress just to get what’s rightfully ours. Sorry, I’ve had a tough time from bullies in general.
https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you
I posted the two photos side side by side to try to get a better understanding of what had been done to you. The problem was that the photos were taken from different perspectives so comparison was tricky.
What makes things tricky is that in the lower (before) photo that yellow conifer sits between the camera and the house with the now visible window and in the after photo the camera has moved some distance to the left.