Legal advice please. Cut down neighbours tree.
Discussion
Hi All
I'm looking for some advice. Several months ago my wife asked our neighbour if we could cut down a tree in his garden because it cut out our sunlight. He said he didn't own the property but would ask the owner. Apparently two young brothers and their friend rent the property from one of their parents. A week or so later my wife asked the same lad again and was told that it was okay to cut the tree down. So just a couple of weeks ago, my neighbour (other side) and his friend did the deed. I came home tonight to find my neighbour's wife distraught on the door step brandishing a note threatening legal action for trespass and destruction of property. The tone of the note is very aggressive. We are working on the assumption that the owner doesn't know that we asked for permission and thinks that we simply jumped into their garden and cut down their tree without asking. We are trying to get in touch with them to clarify things.
My question is, were we wrong to accept the word of the tennant, albeit in good faith? Are we in the wrong?
I'm looking for some advice. Several months ago my wife asked our neighbour if we could cut down a tree in his garden because it cut out our sunlight. He said he didn't own the property but would ask the owner. Apparently two young brothers and their friend rent the property from one of their parents. A week or so later my wife asked the same lad again and was told that it was okay to cut the tree down. So just a couple of weeks ago, my neighbour (other side) and his friend did the deed. I came home tonight to find my neighbour's wife distraught on the door step brandishing a note threatening legal action for trespass and destruction of property. The tone of the note is very aggressive. We are working on the assumption that the owner doesn't know that we asked for permission and thinks that we simply jumped into their garden and cut down their tree without asking. We are trying to get in touch with them to clarify things.
My question is, were we wrong to accept the word of the tennant, albeit in good faith? Are we in the wrong?
Morally I think you are in the right - don't know what your position would be legally though - "a verbal contract isn't worth the paper it isn't written on" 
I doubt the tenant will corroborate the story either or it will get him in schtuck with his landlord. At least you and your neighbour can back each other up...
I doubt the tenant will corroborate the story either or it will get him in schtuck with his landlord. At least you and your neighbour can back each other up...
NiceCupOfTea said:
Morally I think you are in the right - don't know what your position would be legally though - "a verbal contract isn't worth the paper it isn't written on"
I doubt the tenant will corroborate the story either or it will get him in schtuck with his landlord. At least you and your neighbour can back each other up...
Thanks for that. My neighbour is a lovely lady, she's a GP and a very devout Christian. She is heart broken that she's offended someone. I'm hoping this is all a misunderstanding.
Not sure about the blocked sunlight issue, but if the tree is overhanging onto your property (over a fence etc) then as long as you offer the cuttings back to your neighbour you can trim it back to the fence line, although it may be wise to get a professional in for this to avoid accusations of damage etc.
It's also wise to inform your neighbour of your plans. My Brother-In-Law had this very issue recently and this was the advice he was given.
>> Edited by monkeyhanger on Monday 6th February 21:42
It's also wise to inform your neighbour of your plans. My Brother-In-Law had this very issue recently and this was the advice he was given.
>> Edited by monkeyhanger on Monday 6th February 21:42
monkeyhanger said:
Not sure about the blocked sunlight issue, but if the tree is overhanging onto your property (over a fence etc) then as long as you offer the cuttings back to your neighbour you can trim it back to the fence line, although it may be wise to get a professional in for this to avoid accusations of damage etc.
It's also wise to inform your neighbour of your plans. My Brother-In-Law had this very issue recently and this was the advice he was given.
>> Edited by monkeyhanger on Monday 6th February 21:42
Oops! Bit late for that. All that's left is a 12 inch stump. The cuttings have been destroyed.
We genuinely believed we had the owner's permission. It now transpires that the tennant denies telling my wife it was okay. We are still trying to get in touch with the owner directly to put our side of the story.
On a slightly different note, does anyone know whether it is legal to cut down a healthy tree on private property in Scotland?
No surprise there, but what an arsehole.
polus said:
Didnt some pikies come along one day to cut it down?
Nothing to do with you now was it.
LOL
Ahh dont worry about it, just tell them you asked in good faith several times and apologise for any confusion. At least the trees gone and you can get ready for summer 06
That's what I'm thinking. Worse comes to the worse, they can spend their money on solictors and the like if they choose. It's a civil matter and I don't imagine the penalty is too stiff
. I'll simply make my case and hope that common sense prevails. Naive I know, but life's too short.
This happeneed to us once.
In September, the wife said go ahead, no problem, we can't see them from the house
In November, we got someone to trim the trees...
In FEBRUARY, angry husband hammered on our door at 11pm.....What the bloody 'ell you done to my trees.....?
Oh, how we laughed.....
In September, the wife said go ahead, no problem, we can't see them from the house
In November, we got someone to trim the trees...
In FEBRUARY, angry husband hammered on our door at 11pm.....What the bloody 'ell you done to my trees.....?
Oh, how we laughed.....
mybrainhurts said:Quick off the mark then this neighbour of yours!
This happeneed to us once.
In September, the wife said go ahead, no problem, we can't see them from the house
In November, we got someone to trim the trees...
In FEBRUARY, angry husband hammered on our door at 11pm.....What the bloody 'ell you done to my trees.....?
Oh, how we laughed.....
fozzi said:
This happeneed to us once.
In September, the wife said go ahead, no problem, we can't see them from the house
In November, we got someone to trim the trees...
In FEBRUARY, angry husband hammered on our door at 11pm.....What the bloody 'ell you done to my trees.....?
Oh, how we laughed.....
Like treacle off a cold shovel....
Andy Mac said:
[quote=NiceCupOfTea]she's a GP and a very devout Christian.
Good job she wasn't an atheist then, because no-one would believe her then...
I mention that she's a devout Christian because she is heart broken that she has offended someone as it goes against all she believes in so strongly, not because I think that atheists are less believable. I don't believe that religion has a monopoly on morality.
dilbert said:
The laws (generally) are different in Scotland now, I've no idea really. Did the tree have a preservation order on it?
>> Edited by dilbert on Tuesday 7th February 00:28
I would doubt it very much. The tree was only about 15 years old and of no significance I imagine. I am assuming that someone would need to apply for a TPO on the grounds that the tree was in an area of natural beauty or heritage, and with the best will in the world, my street couldn't be described as either of these.
Just spoken to a landscape architect at the council. Gave him my address and he told me that no tree preservation order was in place so no permission needed to cut it down. He asked if we had applied for planning permission recently e.g. for an extension or conservatory. We haven't so no problem there. If we had there may have been an issue if planning permission were granted on the understanding that the tree offered privacy or natural cover.
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