SIGN UP

Civil Vs Criminal

Avatar Image
Old_Geezer | 13:06 Thu 30th Jan 2020 | Law
15 Answers
Perhaps someone knowledgeable can settle a disagreement

Scenario. Someone leans over their fence and cuts back the neighbour's tree, clearing not exactly at the boundary. Neighbour is unimpressed. Is this a civil dispute or criminal damage offence ?

Cheers.

Answers

1 to 15 of 15rss feed

Best Answer

No best answer has yet been selected by Old_Geezer. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
Question Author
...clearly...
At risk of having this removed as I'm not an expert (although I did pass some law exams) I cannot see the police being interested at all so can't see any reason for thinking along the lines of criminal law
Question Author
Possibly because the neighbour is pushing for it, and the tree cutter claims that the police sergeant agrees with the neighbour. Not that I know much more.
I would suggest that you can only cut back anything that grows into your property and you should return it to your neighbour. But if you leaned over and cut the branches back on the neighbours property then this is criminal damage just like going into the neighbours garden by the gate and damaging something. However, I would like to think the police have more important things to do.
civil
having had this
the police are completely uninterested
and the civil judges arent too impressed either

[ the short bit was - the neighbour insisted [and did] on a right to prune and not to restitute anything besides negligent damage. The judges eyes went like the mad hatters at the tea table ( ch 1). not quite all the details of course]

and this is what happened to the naughty naughty lying solicitors ten years later - tried it on again and failed
https://www.bridportnews.co.uk/news/8738920.bridport-solicitors-probed-after-panorma-tv-programme/

they ceased trading
https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000MfFTGAA3

29 Nov 2010 - Milne and Lyall Solicitors in Bridport closes Mr White, who started working for Mr Lyall in 1972, said: “We are just going to have to close, it is a ...
Question Author
Two to one in favour of civil as present then.
no I vote
dont go to court
Question Author
That wasn't the question :-)

It wasn't go or no go, it was, was it a civil offence or a criminal one. Turns out there's insufficient agreement to pass on a consensus. Ah well, thanks all.
the clear answer is:

it is a justiciable action in civil law which attracts no judicial interest

it is a mad world in which we live
Trump is just about to acquitted coz apparently it is lawful to say to another president - no national mun mun unless you frame my opponent

reason a la Dershowitz ?
because that is what presidents do - wow
hey what about this OG ?
how you know public health official is lying?
Duke of edin burg answer - when he has slitty ......

apparently the wuhan figures are out by a factor of ten - which means the death rate is piffle ( 0,3%)
// That wasn't the question :-)//

yeah I have had an awful time answering question recently I think because I didnt read them properly

like you know seeing the word 'sib'
and thinking the parent has croaked and not another sib
how has this thread gone so of original question asked?
Question Author
FYI Police finally dropped charges. Unsure why they raised them anyway.
OG; if the police have dropped charges between last Thursday and today, why did you ask the question here?
Question Author
I only learnt about dropping it Monday. I posted the question Thursday.

1 to 15 of 15rss feed

Do you know the answer?

Civil Vs Criminal

Answer Question >>