Should we sue our elderly neighbours?

[rabbitygirl]

Today, whilst I was out, our elderly neighbours engaged our tree man, without our knowledge, to trim back our conifers from their side of the front garden. They did not overhang by more than inches and the neighbour had not asked us to trim them back. When I arrived home I was horrified, and distressed, to see that this man had cut them between 1 and 2 feet into my garden, all the way up, back to the main trunk, removing about 40% of each tree. These trees had been maintained in height and shape each year.
I am told I have to sue the neighbours as they paid the tree man. My husband wants to sue to have the trees completely removed as they are ruined and an eyesore and he believes our neighbour intended to be malicious, or at least didn't ensure the work was minimal. I would rather go after the tree man but am told I cant.
Any advice appreciated thanks.

[Xaviour]

seek legal advice from c ab and in meantime slash neighbours car tires

[dotty.]

My advice is to calm down and give it a day or so to sink in and then speak to your neighbours and ask them if the trees were a particular problem to them. Maybe they made their front room dark or maybe they meant birds were always int he tree in a mornign annoying them, silly little things mean alot when people are older and have not much else to do.

[RATTER15]

Not good, they will never green up again, I'm not sure who is responsible but someone should pay for that!

[boxtops]

The law says that your neighbours have the right to cut off any branches which overhang their property - they should ask you if you want the branches back because they are still your property. I would have expected the tree man to know this aspect of the law since it is very clear, they can only cut off up to the boundary line. However your neighbours instructed him and they may have led him to believe that they had your agreement - but if you are going to sue anyone I think it would be the neighbours who initiated the work.

[boxtops]

..and don't do tyre slashing, that won't solve anything ;-)

[dotty.]

I bet your elderly neighbours ave not so elderly family that would not be slow in ringing the law if you even tried to be in any way intimidating, which i know you wouldn;t be, but it would be bad karma to cause them any upset in their own home.

[Xaviour]

i was joking but in fact it less financial damage than they did isnt it? sorry

[rabbitygirl]

Hi Dotty. The neighbours are semi'd with us and the trees are around 15 feet from our windows, so no light problem. I have a 4th tree much nearer in my garden and no light loss to me. The trees were a haven for birds, including greenfinches, which our bird spotter neighbour actually identified to me! We have spoken and he admits the man cut off more than instructed. And that the overhang was minimal. He says he was having a coffee in the back room while the carnage happened. For an hour or more!!
I am calm - you should have seen me tackling the tree man tho! - but we need to decide what's best. The damage is truly horrific. They are elderly but very with it.

Ratter - I agree about the greening up. It's cut to the main trunk. Nothing to green up from. I suspect they will die. And my husband wants to sue for clearance and replacement. We will engage an expert on the chances of the trees surviving.

[rabbitygirl]

Don't worry about the tyre flashing folks - not my style. I was rather thinking of a potato up the exhaust!
Seriously, a good point boxtops, as I said tree man is our tree man who comes annually to us. He said to next door, and to me when I got back, that we agreed that this year he would trim the neighbours side. Utter rubbish. And then he had the gaul to say he would be back next week to trim my side!! You can imagine what I was saying at this point...

[Xaviour]

glad you realised was a joke there thanks

[rabbitygirl]

Xaviour. Well you gave me a much needed giggle. Apart from my workmates who cheered me up - a bit - with jokes about sending for special branch etc., etc.

[Xaviour]

i thought you would have twiged it was a joke

[rabbitygirl]

Lol. I was asked if I'd sorted out that customer. What customer? You know - Teresa Green! Groan...

[tamborine]

they are within their rights to trim overhang onto their property....best you cool off, they're looking at the worst side.

[LoftyLottie]

Please do seek legal advice. If the trees have been cut back over the boundary then this is actually a criminal offence of trespass and criminal damage. I would be devastated. Your neighbours are only allowed to cut up to your boundary and should actually offer you the branches back. The tree man has actually trespassed!!

The trees will never green up again.

[LoftyLottie]

In my opinion, the tree man is the one who needs to be sued. He is the one who has trespassed and caused the damage. Both your neighbours and him are responsible, but the fact that he has been paid does not mean he is not responsible. He has broken the law.

[askyourgran]

Rabbity sorry if I sound a bit off. but if you have 20ft -30' lleylandii your neighbour may be as fed up as we are with our neighbour. Before he build the bungalow that runs along the back of our houses (4 houses) we had sunlight from dawn until about
4.30pm. Now his lleyllandii is at least 30' tall, he's cut his side but not ours, Our tree man said he can't touch his trees on our side because they don't hang over our property, but he did say that the trees will die off now he has cut them.

[LoftyLottie]

Tamborine. They have no rights to trim past the boundary. And the trees have been ruined. I know I am right with my advice from experience.

[rabbitygirl]

Tambo - they are trimmed 1 to 2 feet over my side. Yes they are looking at the ugly side, and believe me ugly doesn't begin to describe it. But these were 3 lovely, and lovingly looked after conifers with neglible overhang. I'm cool enough now to decide, with advice, on what to do now.
Lottie - I have asked brief legal advice, hence the sue the neighbours. It is criminal damage in my book, which curiously wasn't mentioned by the legal bod I spoke to. I did yell at tree man to get off my land as he was trespassing. Thanks.

[rabbitygirl]

AYG - as said twice now, they are conifers, but not leylandii, lovingly looked after and shaped yearly, not overly tall, do not cost anyone their light as they are well down a large open plan garden. 20 feet is the highest one. Still! You would have to see them to appreciate how lovely they were, and still are, partly, from my side.