Builders Intend to cut my trees down without permission! How do I stop them?

sweet chick

talk to your local police as they are not allowed on your land without permision!

mad keith

if the trees are on your land thay then can not be cut down all that can be done is thay can trim any branches that go beond your land and the operaters can not come on to your land with out permission if thay do you can call the police and have them nicked for tresspassing and criminal damage stand up for your right mate

Belen

Call the police. Show the police authorities the letter which was hand delivered to you and tell them you have not consented to the cutting of your trees.

ascoile

Do the branches overhang into what is now their property?

If yes then it is legal for them to cut them.

What they might be saying to you is they would like to cut them nicely and tidily (which is to your advantage) and to do that they need access to your land.

If you say "no" then they will just chop them the quick easy way.

Jon Soundman

Take photos tomorrow of the trees and the site and do what you can to prevent access. Phone the police.

putonyourflipflops

God that's out of order!...I would call the police and ask for there advice as they would be trespassing on your property and chopping down your trees would be criminal damage surely.Or better go to your nearest station and speak to someone face to face and show them the letter but you haven't been given much time have you! good luck

Ian UK

I'll keep my answer simple.

1. Trespassing is NOT a criminal offence, it's a civil offence and therefore is NOT an arrestable offence.

2. If however they cut your trees down by entering your land, this is a different matter as it would be criminal damage and you may be able to take action.

3. This however may also fall under civil law.

I'll be honest with you, I would have to seek advice if I dealt with this at work as it's more a civil than a criminal matter and Police are not trained in civil law. As most posters have said, speak to a solicitor. They study civil as well as criminal law and would be better to advise you.

vdv_desantnik

if there is a number on the letter phone them and tell them that you do not consent to them entering your garden, and that if they enter your property and cut down the trees on your side of the fence you will have them charged with burglary (burglary is trespass with intent to commit a criminal offence) if they do enter your property and cut down your trees contact the local police. Many of these people try to bully you, dont let them!!

chappye7

Get a lawyer and try to get an immediate injunction so that the corts can decide whose right.

Bardic

I think we may be going off at half-c ock here. Could it be that the tree surgeons are seeking access to your land to do a decent job of trimming the trees that are growing on the builder's land? If there are branches overhanging from there, it would be sensible to do this.

You don't have to permit them onto your land if you don't want to, they'll just have to work from "their" side. I'd speak to the builder or the tree surgeon to find out exactly what they're planning to do. If it's as I've suggested, personally I'd allow it.

alanpks4

I agree with many of the post here.

FIRST:
Make at least 2 copies of that letter.
SECOND:
Take one to the police department,
inform they you do not want any trees taken down and ask them to have an officer ready to come by on Monday if needed.

THIRD:
Take pictures, and if you have a digital camera, print them out and make sure you have copies. If not get one of those diposable cameras, take the pics and get them developed before monday morning, get at least 2 sets, make sure you always have a extra set for your records, never count on anyone to get you your set back.

Come Monday morning, be at the fence early, before they arrive, have a phone that you can contact the police if nessesary.

Tell them when they arrive you DO NOT give them permission to cut down any trees on your land. And they DO NOT have permission to come onto your property.

If they do come onto your property, call the police, you can have them issued at tresspassing order. If they come onto your property after that, they can be arrested.

They are probably allowed to trim branches that over hang their land, but are probably not allowed to go onto your land to cut them. Every city or town probably has certain laws on branches that overhang on someone else's land.

Also as soon as the building department in your town/city opens on Monday, call them and explain the situation.

Do not let them tell you they have permisson from the 'planning board" or some other ruling body. Remember call the police, if you have a problem.

fr_chuck

Post no tresspassing, tell them they can not come on your property, and call the police if they do.

marky mark

citizen`s advice, they can`t just come on your land and cut down your property

earl

all trees are protected under the conservation orders.phone your local council who have to stop them under the law.

scrapnscream

Do you live in a conservation area? If yes the trees will be protected. If not, is there a Tree Protection Order on the trees. You can find this out from your local council. No matter what happens you should inform the council first thing Monday and request an officer to attend.

Once planning permission is granted over land any trees on the land can be cut even if there is a TPO unless they are to be retained as a condition of the planning consent.

Any branches of a tree growing on your land that overhangs a neighbourâ€™s garden can be cut back to the boundary by your neighbour providing it's not protected as mentioned above. They are not allowed to cut back further than the boundary without your consent.

If the trees are not protected then it's better for you to have control over how they are to be cut back. I would suggest that you meet the tree surgeons and have confirmed that they are properly qualified, insured and competent to carry out the work. Once you have done this discuss how much they intend to cut back and how much you are allowing to be cut.

At present the trees may be providing screening. They may be hiding the new properties and preventing people overlooking your property so itâ€™s important to make sure the tree surgeon understands fully what you are allowing him to do. Take lots of photos.

When the tree surgeon arrives on Monday you could tell them you need time to contact your own advisers and complain that you have not been giving enough notice for this. Blame the builder. You can firmly send them away and tell them not to enter your property.

In the extreme you could apply for an injunction to stop the cutting of the trees if the builder intends to cut back more than to the boundary or what you allow.

Deal with the tree surgeon and get the tree surgeons to promise you he will not remove more than you agree with. Put him and his company on notice that you will hold them responsible if they cut too much off. Asking them about their insurers in advance and having them confirm that they are covered if they remove too much or damage your trees should get their attention. Don't let them hide behind the builder - they take their orders from you.

So to conclude, you can't stop them cutting the trees back to the boundry unless they are protected.

fushia

* as the tree,s are on your land they are acting in violation to the law if they have no got your permission to cut the tree,s down.contact the police and ask them to attend your home on the given date.other than this get i touch with a solicitor pronto.

j_emmans

the surgeons already use the tree planning officer and would already have permission to do the work. You will only be able to speak to tree worker and hope they listen. They are the one that get prosecuted if they do anything wrong.
good luck

ANF

They can cut down the branches that are on their land but in theory they must give them back to you. I don't suppose you would want that. Go to your local court and get a restraining order or go to your local authority and get a preservation order on the trees. When the tree surgeons turn up they will be a company contracted to the builders. Tell them that they have no right on your land or to interfere with any part of the trees that are not overhanging. Tell them that there is a provisional preservation order on the trees and that they are not allowed on your land. Any attempt to enter your land will be dealt with by a civil action against their business. Also call in the local paper. Neither the builder or the tree people will want adverse publicity. Best of luck.

joseph m

Notify your local authority,take an injunction he cant touch anything on your land,if he does sue his *** .

Enter Your Message or Comment

User Name:
User Email:
Post a comment: