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I have returned from holiday and found that my next door neighbour…

I have returned from holiday...
I have returned from holiday and found that my next door neighbour has been into my garden and chopped down all my trees without our knowledge or permission. He has chopped down two 40 year old apple trees and several other mature establishe dtrees and bushes. he left a note saying that he had "got carried away" and "he hoped we didn't mind".
before we left, litterally we were inthe car driving away to go to th airport he stopped us and asked if he could prune the apple trees, which he has doen before on his side only, which we have no problem with, he has always had free access to help himslef to apple son his side which he does and in fact he has "scrumped" a fair few extra which we have never complained about.
we reported it to the police who took a report and said it was criminal damange and trespass as he had come into our garden again without our knowledge or permission. the garden was over grown but contained and not a problem, we have recently had quotes for removal of the undergrowth and a new decking and raisded beds to be put in but had not proceeded to start work yet, we had not told the neighbours of our plans, as it would not affect them in any way. the plans we had included the tress remaining in place and continuing to be a strong design feature of the garden splitting it into 3 cklear zones. this is now not a possiblity as they have been reduced to jagged stumps and badly lopped trees.
can I sue him for damages and emotional trauma? we are devistated.
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Answered in 13 minutes by:
6/1/2011
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
Experience: JustAnswer
Verified
Hi there. Thanks for your question, I will help you with this.

You should be able to sue for damages, which would put a similar tree back in its place, or perhaps a value for loss of amenity. Its not clear whether you can sue for emotional distress believe it or not as the law hasn't fully developed in this respect. All that said, the orthodox position is that damages for emotional injury etc. cannot generally be awarded.

Dan
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Customer reply replied 6 years ago

Hi Dan

 

Can we also claim the costs of what it would take to remove all the debris he has left, some of the logs are over 5 foot long and too heavy for me to lift, and impossible for me to transport in my car, and to have the trees properly cut back and not left in the jagged and unsightly way he has left them?

 

Emma

You should be able to. The court would only allow reasonable costs to be recovered though.

As a first port of call, get a solicitors letter sent, they can be really effective! If that doesn't get you an appropriate offer of compensation, the you can consider the court route if needs be.

Dan
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Customer reply replied 6 years ago

Hi Dan

 

can I go to any local solicitor for this? and how much should I expect that to cost?

do I have to get quotes for the work first or do we give him the option of making an offer first?

 

Em

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hi Emma

You could do either way to be honest.

If it were me, I'd ask for some quotes, or at least the hourly rates that solicitors use. It's very hard to say what it would cost as nobody knows yet what needs to be done. If a letter finishes this, then it could cost around £300 plus VAT. If it takes a full blown Court hearing, that could be anything up to £15,000 - £20,000 plus VAT.

Dan
Daniel Smith
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