Likely damages award for trespass and criminal damage
Discussion
Question (I guess) for the barristers or legal expenses policy experts.
I own a tenanted BTL property.
There were several mature trees running along my side of a boundary.
I cut them down last year to leave 2ft stumps.
They started to grow shoots this summer.
Neighbouring plot was having an extension built up to 50cm from the boundary.
Their builder, having built most of the extension wall (overhand) knocked on the door of my BTL and moaned about the tree shoots.
Tenant agreed that it would be nice if they were cut down, but informed the contractor that they don't own the property and passed on my contact details.
The tenant then let me know that the contractor had made an approach to them.
At some point over the next few days, at night, the shoots were cut down and removed.
I have legal expenses cover and would like to explore my legal options.
I've noticed a clause in the policy which covers damages awards when this is the only outcome to a dispute.
In that situation the policy will only pay out the likely amount of the damages award.
In this case that's probably not a lot?
My concern is that this episode of trespass and criminal damage will be repeated unless challenged.
So, forget it as I'm probably only covered for a low amount or pursue the matter?
I own a tenanted BTL property.
There were several mature trees running along my side of a boundary.
I cut them down last year to leave 2ft stumps.
They started to grow shoots this summer.
Neighbouring plot was having an extension built up to 50cm from the boundary.
Their builder, having built most of the extension wall (overhand) knocked on the door of my BTL and moaned about the tree shoots.
Tenant agreed that it would be nice if they were cut down, but informed the contractor that they don't own the property and passed on my contact details.
The tenant then let me know that the contractor had made an approach to them.
At some point over the next few days, at night, the shoots were cut down and removed.
I have legal expenses cover and would like to explore my legal options.
I've noticed a clause in the policy which covers damages awards when this is the only outcome to a dispute.
In that situation the policy will only pay out the likely amount of the damages award.
In this case that's probably not a lot?
My concern is that this episode of trespass and criminal damage will be repeated unless challenged.
So, forget it as I'm probably only covered for a low amount or pursue the matter?
OIC said:
Question (I guess) for the barristers or legal expenses policy experts.
I own a tenanted BTL property.
There were several mature trees running along my side of a boundary.
I cut them down last year to leave 2ft stumps.
They started to grow shoots this summer.
Neighbouring plot was having an extension built up to 50cm from the boundary.
Their builder, having built most of the extension wall (overhand) knocked on the door of my BTL and moaned about the tree shoots.
Tenant agreed that it would be nice if they were cut down, but informed the contractor that they don't own the property and passed on my contact details.
The tenant then let me know that the contractor had made an approach to them.
At some point over the next few days, at night, the shoots were cut down and removed.
I have legal expenses cover and would like to explore my legal options.
I've noticed a clause in the policy which covers damages awards when this is the only outcome to a dispute.
In that situation the policy will only pay out the likely amount of the damages award.
In this case that's probably not a lot?
My concern is that this episode of trespass and criminal damage will be repeated unless challenged.
So, forget it as I'm probably only covered for a low amount or pursue the matter?
What was the issue with the neighbour or their builder removing the shoots from the stumps you had left. I own a tenanted BTL property.
There were several mature trees running along my side of a boundary.
I cut them down last year to leave 2ft stumps.
They started to grow shoots this summer.
Neighbouring plot was having an extension built up to 50cm from the boundary.
Their builder, having built most of the extension wall (overhand) knocked on the door of my BTL and moaned about the tree shoots.
Tenant agreed that it would be nice if they were cut down, but informed the contractor that they don't own the property and passed on my contact details.
The tenant then let me know that the contractor had made an approach to them.
At some point over the next few days, at night, the shoots were cut down and removed.
I have legal expenses cover and would like to explore my legal options.
I've noticed a clause in the policy which covers damages awards when this is the only outcome to a dispute.
In that situation the policy will only pay out the likely amount of the damages award.
In this case that's probably not a lot?
My concern is that this episode of trespass and criminal damage will be repeated unless challenged.
So, forget it as I'm probably only covered for a low amount or pursue the matter?
Would you have allowed it if they had asked you first?
Or is it that they came onto your land without permission?
If the alnd was let to the tenant, then did the tenant implicitly give permission to access, so trespass is out of the window?
I'm not lawyer, but I don't rate your chances of getting much out of this.
You could ask the builder for the cost of some 2ft saplings or something.
Thing is, the tenant is happy with the stumps not being there, so what loss have you suffered?
Have the stumps been cut so far they won't regrow? Or just the shoots cut back so you've lost a years growth or whatever?
I'm not lawyer, but I don't rate your chances of getting much out of this.
You could ask the builder for the cost of some 2ft saplings or something.
Thing is, the tenant is happy with the stumps not being there, so what loss have you suffered?
Have the stumps been cut so far they won't regrow? Or just the shoots cut back so you've lost a years growth or whatever?
OIC said:
Question (I guess) for the barristers or legal expenses policy experts.
I own a tenanted BTL property.
There were several mature trees running along my side of a boundary.
I cut them down last year to leave 2ft stumps.
They started to grow shoots this summer.
Neighbouring plot was having an extension built up to 50cm from the boundary.
Their builder, having built most of the extension wall (overhand) knocked on the door of my BTL and moaned about the tree shoots.
Tenant agreed that it would be nice if they were cut down, but informed the contractor that they don't own the property and passed on my contact details.
The tenant then let me know that the contractor had made an approach to them.
At some point over the next few days, at night, the shoots were cut down and removed.
I have legal expenses cover and would like to explore my legal options.
I've noticed a clause in the policy which covers damages awards when this is the only outcome to a dispute.
In that situation the policy will only pay out the likely amount of the damages award.
In this case that's probably not a lot?
My concern is that this episode of trespass and criminal damage will be repeated unless challenged.
So, forget it as I'm probably only covered for a low amount or pursue the matter?
It does sound like this is just the latest in an ongoing dispute between you and your neighbour. Your mention of his building overhand suggests that it has perhaps already reached the petty stage.I own a tenanted BTL property.
There were several mature trees running along my side of a boundary.
I cut them down last year to leave 2ft stumps.
They started to grow shoots this summer.
Neighbouring plot was having an extension built up to 50cm from the boundary.
Their builder, having built most of the extension wall (overhand) knocked on the door of my BTL and moaned about the tree shoots.
Tenant agreed that it would be nice if they were cut down, but informed the contractor that they don't own the property and passed on my contact details.
The tenant then let me know that the contractor had made an approach to them.
At some point over the next few days, at night, the shoots were cut down and removed.
I have legal expenses cover and would like to explore my legal options.
I've noticed a clause in the policy which covers damages awards when this is the only outcome to a dispute.
In that situation the policy will only pay out the likely amount of the damages award.
In this case that's probably not a lot?
My concern is that this episode of trespass and criminal damage will be repeated unless challenged.
So, forget it as I'm probably only covered for a low amount or pursue the matter?
I know it's annoying to let ignorant people get their way but it's also important to consider whether the conflict actually has the potential to gain you anything.
I can't remember where I heard it but a good piece of advice for dealing with someone who has the potential to piss you off is to reduce to a minimum the impact they have on you. Sometimes that can be as simple as ignoring someone who wants to have an argument with you.
On the flip side, if your only reason for doing something is the fact that you are legally entitled to; you're probably being a dick.
Edited by Richard-D on Monday 18th November 20:54
OIC said:
Question (I guess) for the barristers or legal expenses policy experts.
I own a tenanted BTL property.
There were several mature trees running along my side of a boundary.
I cut them down last year to leave 2ft stumps.
They started to grow shoots this summer.
Neighbouring plot was having an extension built up to 50cm from the boundary.
Their builder, having built most of the extension wall (overhand) knocked on the door of my BTL and moaned about the tree shoots.
Tenant agreed that it would be nice if they were cut down, but informed the contractor that they don't own the property and passed on my contact details.
The tenant then let me know that the contractor had made an approach to them.
At some point over the next few days, at night, the shoots were cut down and removed.
I have legal expenses cover and would like to explore my legal options.
I've noticed a clause in the policy which covers damages awards when this is the only outcome to a dispute.
In that situation the policy will only pay out the likely amount of the damages award.
In this case that's probably not a lot?
My concern is that this episode of trespass and criminal damage will be repeated unless challenged.
So, forget it as I'm probably only covered for a low amount or pursue the matter?
It sounds like the tenant did not even give the impression of giving permission to enter your land. I own a tenanted BTL property.
There were several mature trees running along my side of a boundary.
I cut them down last year to leave 2ft stumps.
They started to grow shoots this summer.
Neighbouring plot was having an extension built up to 50cm from the boundary.
Their builder, having built most of the extension wall (overhand) knocked on the door of my BTL and moaned about the tree shoots.
Tenant agreed that it would be nice if they were cut down, but informed the contractor that they don't own the property and passed on my contact details.
The tenant then let me know that the contractor had made an approach to them.
At some point over the next few days, at night, the shoots were cut down and removed.
I have legal expenses cover and would like to explore my legal options.
I've noticed a clause in the policy which covers damages awards when this is the only outcome to a dispute.
In that situation the policy will only pay out the likely amount of the damages award.
In this case that's probably not a lot?
My concern is that this episode of trespass and criminal damage will be repeated unless challenged.
So, forget it as I'm probably only covered for a low amount or pursue the matter?
Are you sure the shoots could not have been cut from your neighbour’s land? If so, then presumptively trespass and damage to your property, unless the neighbour can prove (a) no trespass, or (b) they only cut back the shoots that overhung the neighbouring property.
If you get as far as proving trespass plus damage to your property, I’d estimate damages at a few hundred pounds absolute maximum. Not worth the effort, and I would not be surprised if your insurer has a first charge on the money you recover, so you’ll end up out of pocket.
Forget it.
Silvanus said:
No they can't. To some extent you can cut back roots, but only if the work doesn't affect the stability or health of the tree.
.gov sayshttps://www.gov.uk/how-to-resolve-neighbour-disput...
And how do you affect the health and stability of a stump!
This BTL landlord had a similar situation a few years ago. Neighbour entered the garden of a rental property, and cut down twelve conifers and removed their roots. When I approached the neighbour for an explanation of his actions, the neighbour made the excuse that they were his trees, and that the previous owner of my BTL had given the neighbour permission to plant the trees in my now garden.
Whilst I could have taken the matter further, I felt to do so was wasting the court's time. They were trees of no character, the neighbour had in g=fact done me a favour, although I was peeved at the audacity of the neighbour in first not approaching me.
It is a usual problem for BTL landlords, neighbours considering that neither tenants, and/or their landlords are interested in the BTL property.
As a footnote all landlords should register their interest with neighbouring planning applications on local council's planning portal.
To the OP, foreget it and move on, neighbours can also be one's watchful eyes on a LL's investment property.
Whilst I could have taken the matter further, I felt to do so was wasting the court's time. They were trees of no character, the neighbour had in g=fact done me a favour, although I was peeved at the audacity of the neighbour in first not approaching me.
It is a usual problem for BTL landlords, neighbours considering that neither tenants, and/or their landlords are interested in the BTL property.
As a footnote all landlords should register their interest with neighbouring planning applications on local council's planning portal.
To the OP, foreget it and move on, neighbours can also be one's watchful eyes on a LL's investment property.
Rough101 said:
Silvanus said:
No they can't. To some extent you can cut back roots, but only if the work doesn't affect the stability or health of the tree.
.gov sayshttps://www.gov.uk/how-to-resolve-neighbour-disput...
And how do you affect the health and stability of a stump!
Silvanus said:
Rough101 said:
Silvanus said:
No they can't. To some extent you can cut back roots, but only if the work doesn't affect the stability or health of the tree.
.gov sayshttps://www.gov.uk/how-to-resolve-neighbour-disput...
And how do you affect the health and stability of a stump!
legal case to quote?
what legislation has been contravened?
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