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Neighbour disputes happen almost all the time. Sometimes it can stem from the tiniest thing like your new garden fence or a horrid DIY project which led to legal action being taken.
In this case, one homeowner is livid after their neighbour decided to cut down their tree without any permission. In the UK, if a neighbour removes anything within your property boundaries without consent, this can be illegal under the Criminal Damage Act 1971. While it's also considered trespassing and it's worth noting a neighbour is legally entitled to remove any branches which encroach onto their land.
Now in a Reddit post, the homeowner has reached out for advice on the situation. Explaining the problem, the homeowner had only just come home from a day at work to find their next door neighbour had reached over their shared garden fence and 'absolutely ravaged the tree'.
To show what they meant, the Reddit user shared a photo of the tree, which had been large and full of leaves, but now appeared to have been sliced clean in half. Crucially, the cutting appeared to have extended up to a foot into the Reddit user's property, well beyond the neighbour's garden boundary.
The homeowner revealed they had previously reached an informal agreement with the neighbour to 'sort out' the tree, which had been overhanging into his garden. However, they hadn't yet got round to it, having only moved into the property a few weeks earlier, adding that 'things had been hectic'.
"So to my surprise today as I walk into my garden I see a mangled mess of some trees that I was really quite attached to," the Reddit user said.
They went on to seek advice on their legal rights in the situation, questioning whether it was a police or civil matter. They added: "I understand the basic rules in terms of the fact that my neighbour has over reached onto my boundary which means it could be argued this is criminal damage and trespass, but I haven't a clue at what my next steps are."
They also revealed they consulted a tree surgeon, who had provided a quote to repair and restore the tree, but expressed doubts over whether the neighbour would be willing to foot the bill while noting they had a recording of the neighbour agreeing to pay.
The post quickly drew a flood of responses, with many commenters siding with the homeowner and agreeing that the neighbour had well and truly overstepped the mark with their tree cutting.
One user said: "You are allowed to cut back only the parts that cross the boundary line between your properties. As the neighbour has essentially cut back at a point inside your property that is illegal."
Another advised using legal cover and to find out if there was one prior to this situation.
To approach a situation similar to this, a neighbour is legally entitled to remove any overhanging branches that encroach onto their land. However, if it requires entering your garden without permission, then it's considered trespassing.
If you discover your neighbour has unlawfully removed your tree, you are entitled to report the matter to the police for criminal damage. You can also pursue financial compensation for the loss which is up to 5,000.
But if the tree was subject to a Tree Preservation Order (TPO) or located within a Conservation Area, unlawfully removing it constitutes a separate criminal offence prosecuted by the local authority.
This can result in substantial fines irrespective of who owned the tree.
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