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Trespass.

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nicelander | 09:00 Thu 22nd Oct 2009 | Law
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My sister awoke this morning to find that her next door neighbour had been into her back garden without permission and had completely removed a large shrub at the stump.
This neighbour had previously asked to take some branches off from his side to which my sister had no objections to.
However to find that the shrub had been completely removed was a shock to her to say the least and I thought that maybe the a trespass law had been broken.
I would be very grateful for some feedback.
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I would have thought criminal damage as well!! what a 'blooming' cheeck!
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But do you think that this is a police matter??
I'd report it to the police. It is criminal damage (assuming there is still some stump left) and theft of the rest of the plant. Don't be fobbed off by them saying its a civil matter - its no different to someone caving in your car window and nicking it.
Yes it is a police matter. Criminal damage to property. They only have a right to do as was suggested, remove stuff on their side.
As the neighbour has killed the tree,doesn't compensation as well as prosecution come into it ?
Yes it does Vulcan. Nicelander could also take civil proceedings - but that will cost.
hate to ask, but do you have PROOF it was the neighbour ?
That was what I was going to say Alba...
The shrub has been pruned back hard!!! , nothing you can do about it now, If that had happened to me I would be having a word in his ear telling him if he dares to trespass again they will have to face the consequences.......
This is clearly an offence of Criminal Damage, which should be reported to the police. If your sister does nothing and the shrub grows back, the neighbour would think that as she did nothing about it last time, he can do it again. I can imagine your sister is upset and stressed about this situation and if she does nothing, the perpetrator has got away with it.

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