Neighbour cuts tree without permission in boundary dispute
Neighbour cuts tree without permission in boundary dispute

A homeowner has spoken of their shock after discovering their neighbour had cut down half of their tree without permission, in a dispute over a property boundary. The incident has sparked a wave of sympathy online, with many taking the homeowner's side.

The homeowner, who had only moved into the property a few weeks earlier, returned from work to find their neighbour had reached over the shared garden fence and 'absolutely ravaged the tree'. A photo shared on Reddit showed the tree, once large and full of leaves, sliced clean in half, with the cut extending up to a foot into the homeowner's property, well beyond the neighbour's boundary.

Legal rights and informal agreement

The homeowner revealed they had previously reached an informal agreement with the neighbour to 'sort out' the tree, which had been overhanging into the neighbour's garden. However, they had not yet got round to it, with 'things had been hectic'.

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"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 sought advice on whether the matter was a police or civil case, noting: "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."

The homeowner also consulted a tree surgeon, who provided a quote to repair the tree, but expressed doubts over whether the neighbour would pay, despite having a recording of the neighbour agreeing to do so.

Online reaction and legal guidance

The post drew a flood of responses, with many commenters siding with the homeowner. 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 checking for legal cover.

In the UK, a neighbour is legally entitled to remove overhanging branches that encroach onto their land, but if it requires entering your garden without permission, it is considered trespassing. Removing anything within your property boundaries without consent can be illegal under the Criminal Damage Act 1971.

Next steps for affected homeowners

If a neighbour unlawfully removes your tree, you can report the matter to the police for criminal damage and pursue financial compensation of up to £5,000. However, 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, which can result in substantial fines irrespective of who owned the tree.

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