Dispute over a tree

[Guest]

I've just returned from a holiday to find that my neighbor's have cut down a large tree at the end of a shared driveway, I am absolutely infuriated and would like to know what I can do about it? We share the driveway but the tree is on our land to the left hand side of it. Is this civil or criminal damage?

[des8]

Have you discussed the matter with your neighbour?

If he has removed a tree from your property then this is trespass and you have a claim for damages covering the cost of a replacement mature tree, clearing and planting.

However he might argue the tree was damaging his property in some way (we don't know the full circumstances), or that the boundary is unclear, altho' this would not give him the right to remove the tree.

If you are considering an action for trespass bear in mind that legal costs can far exceed the actual sums concerned.

Try to settle the disagreement between yourselves, or through a mediator, before referring the matter to the courts.
I would first try and find out what justification your neighbour felt he had.
If he agrees it was on your land, get estimates for replanting and ask your neighbour to agree to pay the costs and to confirm that they will not trespass again
Warn him if he does not agree, you will seek a declaration from the court as to the correct boundary and to recover your replanting costs.

Remember that if you come sell your property the details of this dispute will have to be disclosed,so best to resolve amicably if possible