Arboricide

[KARL]

Here's one to ponder. We own land adjacent to our garden which is bordered on one side by large trees. One of the families in houses beyond that have once tried to cut down one of these trees but we stopped them - we know they wanted to achieve a better view. A second time they did this by proxy by inciting another householder in the same row to cut a different tree (the plan was to chop the lot) - we stopped them again and the incident was taken up by the public prosecutor as a criminal case and a conviction was upheld on appeal. Later still (more than 15 years ago), the same family campaigned through the council on a pretext of obstruction of a street lamp but we proved the trees are ours and said we wanted them left alone - the lamp is also on our land and we said we give permission for it to stay and for it to be maintained but "nole tangere arbori meos" (or something like that). Very recently, while we were away, they managed to work on new staff in the same council department and this time two trees were cut down and a sapling "topped". We have protested to the council and demanded an explanation and compensation, but so far only a curt letter has arrived saying in effect "we'll be in touch".

What are the general thoughts of people on this, especially with any similar experience ? Does anyone have any suggestions as to how we might handle the issue from now on ?

[woodchopper]

Plant a couple of leylandi just to get them back :o)

[buildersmate]

If its your tree on your land and not hanging over someone else's land, there's nothing the neighbour can do (legally).
On the other hand, why be so difficult about it? Why not use it as a little revenue-generator - they pay for the tree to be trimmed to an agreed spec. and they also pay you a suitable sum - perhaps a few hundred pounds.

[Toureman]

If the council cut the trees down take them to the small claims court for compensation, also report them to the police for criminal damage.

[frazerd]

It remains to be asked why are you being so anal about neighbours wanting to improve the light and views from their property. You aren't quoting what THEY site to be the reason(s) for wanting the trees reduced. Is that because it is a reasonable request and you are just being a complete toad about it?

[spineless]

i agree with toureman also consider the fact that they have illegally entered your land and therefore are tresspassers. I would see a solicitor and ask them to write to the council or apply in the small claims court with your own papers you can apply from any court or even better take the council for tresspass, criminal damage and compensation make a statemnet to the police . If you know who in the council it was tell them they acted illegally to

[themas]

You may find the recent legislation about hedges comes into play here. I don't know the details, and it may be that a line of trees of the kind you have does not count as a hedge (but I know a line of tall leylandii would), but the neighbours may have a case for getting you to trim the trees. This does not excuse what has been done of course.

[KARL]

To provide better scope for relevant comment, I would add the following info to flesh out the picture. The trees are at least 50 years old and because the whole area is a north facing steep slope, the tops of the trees are/were below 45 degrees angle and at least 10m from the lowest facing window. Thus no light obstruction can reasonably be argued. Conversely, at this time of year we (further north again and down the hill) would see the sun whenever it is out were it not for the house the people in question live in. Being toads, it has not occurred to us to send out a bulldozer in their direction. Incidentally, there is in law no established right to a view, but there is legislation which in some way restricts the cutting down of trees (I don't know the details and I think fast growing conifers, which these are not, may not be in the same category and nor are hedges). The issue of trespass and unlawful act in this case is sort of acknowledged - "but we didn't know" (the council, we have been in verbal touch with the individuals most directly involved), which seems rather lame since we bought the land from them. The couple (wife, actually) are/is very persistent and has successfully "pulled the wool" in this case, ultimately at the council's and rate/tax-payers' expense once the thing is sorted.

[JanineG]

why are you so desparate to keep the trees where they are? Is there no way that a compromise could be reached between yourselves and the neighbours in order to save the Council's time and resources being squandered on petty matters like this. I'm sure that when your next Council Tax review occurs, you'll wonder where all the money goes every year. If I were you, I'd knock their door and compromise that the trees can be trimmed/cut to a set height, but that the neighbours pay for the work to be done to your order.

[benjiesmum]

You don't say what sort of trees they are. If ,for example, they are leylandii then I can sort of understand their venom. However, if they are oak trees or some other species they may alraedy have a preservation order on them. You need to contact your local council to check this one. We recently wanted to lop an ash tree that was very near the house and before a tree surgeon would touch it we had to confirm it was not the subject of such an order.

[PollyT]

You have said you've protested to the council - if not already done I suggest use the formal complaints procedure, putting this in writing to the head of the department involved and heading it 'formal complaint'. Tell them what you think they have done wrong and how you want them to remedy it.

Once you have given the council reasonable opportunity to resolve the issue this wayt, you can contact the Local Government Ombudsman (LGO) if you are unhaoppy with the way the matter has been handled. There is no charge to you and the LGO has statutory powers and if it does find maladministration in your favour this can potentially include compensation in some cases.

Have you considered applying for a tree preservation order? You should be able to get information about TPOs from your council's website or from directgov.

[KARL]

One last additional point for clarification: The people have never directly sought any discussion with us to agree anything and we do not feel inclined to offer them the opportunity to tell us what to do so they are happy. The trees that are directly opposite their house have already been cut down. At one stage the council was furious at earlier attempts to cut down trees an, indeed, it developed into a criminal case. Other neighbours border on being incensed over the flavour of the area being attacked. We are happy to leave things as they have been for decades and the change to the people concerned by cutting the trees is limited unless you count their much clearer view of our house and garden.

[spineless]

i LOVE TREES leave them alone they provide much needed food and shelter to many animals some that you may or may not see. Are beautiful living things please take the time just to look at them watch their life.
Why are people so unreasonable that if there was a problem instead of talking like adults to the people concerned they just jump to action and it gets everyones back up so in the end no one wants to speak to anyone.
I hope those trees manage to survive many wonderful years and bring you joy.
ALL THE BEST FOR THE NEW YEAR