A man has complained after neighbours sent workmen into his father's garden to cut back a tree overhanging their property, leaving branches scattered across the garden. The incident has sparked a legal debate on Reddit, where the son sought advice on clearing the mess and determining whether the neighbour acted lawfully.
Background of the Dispute
The son explained that his father has lived in the same council house since 1978. The tree was regularly pruned, but as his father aged, he could no longer maintain it. The neighbour complained about overhanging branches, prompting the family to contact the council for pruning. However, before the council could act, two men entered the garden claiming to be council workers. Ring doorbell footage later confirmed they had not knocked or identified themselves properly.
The men trimmed one side of the tree and left the discarded branches in the garden. The father, who is frail, later tripped over the branches on his garden path. The council denied sending anyone, leading the son to suspect the neighbour hired contractors to trespass and dump waste.
Legal Questions Raised
The son asked for advice on several points: whether the neighbour can be held liable for injury, whether trespass and criminal damage occurred, and whether the neighbour must remove the branches. Reddit users offered mixed opinions, with some noting that without identifying the contractors, legal action is difficult. Others suggested clearing the branches and speaking to the neighbour to prevent future issues.
One user advised, "Someone needs to speak to the neighbour. Without evidence of who was responsible, there's no hope of a claim." Another added, "If the neighbour confesses, your dad might claim for waste removal costs." A third recommended a no-win, no-fee solicitor if injuries were significant.
Legal Expert Opinion
Kate Fowler, senior associate solicitor at BRM law firm, clarified the law: "A property owner can cut back branches overhanging their land, but only up to the boundary line. Cuttings should be offered back to the owner. This right is subject to constraints, such as Tree Preservation Orders, and liability may arise if the tree is damaged." She emphasised that entering the property without permission constitutes trespass, but proving who hired the contractors can be challenging.
The son remains concerned about his father's safety and the legal costs of pursuing the matter. The incident highlights the complexities of neighbour disputes over trees and the importance of clear communication and lawful action.
