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.

[LoftyLottie]

Did you know Rabbity that even if he hadn't entered your garden and had cut back by leaning over into your garden that it is still trespass because he has entered your garden space and tampered with your property. You need to take it further or at least threaten court action. A solicitors letter often will produce results and he needs at the very least to receive some some of reprimand and threat.

Things like this make me boil!!

Poor you. I am an avid lover of birds, trees, plants, and if anybody dared to do anything like that to my beloved trees I couldn't be responsible for my actions!

[rabbitygirl]

Loftie - or should I say - LovelyLottie - you truly know how this has hurt us. I got to work, having taken a while to calm down - and started to cry. The fact that the same man had tended these trees for 3 years for us, and knew how particular about the shaping and care of them I was, then came and did that is so shocking.
And yes, I cannot tell you how many birds enjoyed the trees for nesting, including the greenfinch which I saw for the first time today after it was brutally evicted!
We won't let the matter rest. Just gathering info and advice before we act. Thanks again Lottie and all.

[LoftyLottie]

Good luck. I really feel for you. xx

Take care

[rabbitygirl]

We have begun legal action today following advice via legal cover on our house insurance. We are advised that the neighbours, for instructing the work, and the tree man for failing to show a duty of care, are equally responsible.
At some point we are expecting the trees to die and whether they do or not they are now so dreadfully unsightly that we will be claiming for the cost of removal and replacement with new trees.
I am told I can legally erect a sign by my trees saying who did it as I have photo evidence. So excuse me while I go and sort that out!

[LoftyLottie]

Well done Rabbity - I thought I was right and they would share responsibility. Glad you had legal cover, we did do, and it was invaluable in our case. We had (well still have actually) similar, but worse problems. I am so pleased for you. Post and let us know how it goes.

[pastafreak]

OMG....I've just read this rabs...and it's shocking.
One would think that the tree man-being experienced-would have shown more care and been far more conservative in how he trimmed the trees. Once taken-it can't be put back.From what you've described,it is obvious that the trees cannot be saved. I feel gutted for you-I would have been in tears,and in a rage...together. Sue the b******s!!

[LoftyLottie]

Awful isn't it pasta. It would certainly have reduced me to tears (and rage as well!!)

[Nosha123]

Good luck Rabitty.. you can indeed sue for replacement of identical plant - but I'm guessing that this is going to be hard as they were so well established.

The tree man is as much to blame as they are in my book... grrrr I would have totally flipped out had it been me - I love my garden!!!

I wish you well and hope you get this resolved soon. Hopefully if the neighbours are elderly they may have a few quid stashed away to cough up for new trees for you - and dont feel sorry for them cos they are old.. they shouldnt have done it!

I have old neighbours that have caused me misery - but am now past the point of caring.. luckily they havent chopped my trees - and I'm training my cat to Sugar in their garden!!
Keep smiling!

[Dris]

rabs you must have been livid and upset :(
Glad you've got a plan of action now which you can focus on.Its when youre in limbo its the worst.
Keep us posted x

[Bobbisox]

I absolutely understand your predicament rabbity but it would be awful to be at odds with your neighbour, I hope it turns out well for you

[Answerprancer]

Life's too short, let it go (unless they do this sort of thing all the time).

[rabbitygirl]

Wow - thanks for the good wishes people! Answerprancer if you were here you would think differently I'm sure.

[LoftyLottie]

Let it go? Cutting down and virtually putting a death sentence on someone else's trees which includes trespassing onto their land. This is not a trivial matter. It needs addressing. A qualified tree surgeon would never do this and the guy that did it needs taking to task.

[pastafreak]

The guy who did it is in the wrong job...

[rabbitygirl]

I'm resurrecting this thread from way back as I have today been dumped by my legal 'reps'. It has been my misfortune to be dealing with the legal protection body provided by my house insurers. For months I have been engaged in correspondence with these nincompoops who loved to ask me questions and not answered many of mine. Sometimes I have waited 4 weeks for a reply. Despite having a report, photos, me having spoken to other legals, obtained a quote/report about the damage and removal of the trees, they have kept on searching for a get out. And have found it.

Although the tree man went onto my land by 3 feet, pruned the trees back to the trunk and left them unviable, it all rests on what is 'unviable'. As trees, they are ruined and need taking out. Depending on who you talk to they will live, or later die, if left. But, at the moment it is a cosmetic reason to have them removed. And as the worse view is from the neighbours side I do not view the 'uncosmetic' view necessary to be successful in court.
So while I think of anything else I can do, I have to comfort myself that my neighbour does indeed have the destroyed side to look at. Poor him! And I wait to save up the £650 necessary to have the trees removed.
If you have trees on a boundary with your neighbour, even a friendly neighbour, beware.....

[society]

"The neighbours are semi'd with us"

What does semi'd mean?

[rabbitygirl]

Semi-detached. As in we are 'semi-detached' with next door. Not detached.

[cassa333]

Please clarify for me.

Was the tree man there to do work for you and your neighbour nabbed him to do the extra trimming OR did your neighbour ring him up to come and do some work?

If the neighbour rang him then the tree man was trespassing and has caused criminal damage.

[rabbitygirl]

Thanks again Cassa. My tree man saw my neighbour in his front garden and asked if my trees overhang (neglible at best) were a bother. Neighbour said they 'brushed against him when mowing' but they did a deal on a cut back. I was out and came home to decimation. I have legal cover with my home insurance and have been playing letter ping pong with them for 5 months. They have now discovered this 'get out' which is basically because the trees are not definitely left in a dangerous state, and they would need removing and replacing only due to cosmetic reasons, I am bid goodbye.

I have got just about as much free advice I can from elsewhere, including a solicitor who gave me some time, but will charge £170 ph in the future. He says trespass, failure of duty of care, etc. But my insurance 'legals' will not answer me on these matters. To them their reply is it, and I am on my own. Well, I'm not finished yet. On the simple basis that even with the loopy laws of this land, I cannot see how anyone can chop well into my boundary, ruin my trees and I am left to pick up the bill, either a legal one or for the remains of my trees to be removed.