rivermel Posted June 24, 2018 Share Posted June 24, 2018 We rent a flat. Its basically a house with us on the bottom floor and a man in the flat above. The back garden belongs to us only. As does the drive way. When we first moved in nearly 3 years ago, our landlord said our upstairs friend always parks his car on the drive and no matter how many times he has tried to stop him, he refuses to park his car elsewhere. Although he has no interest in the garden. The deeds clearly say this flat has a garden and drive and it isn't shared. However, we park our car on the road outside so not to cause any neighborly disputes and always have done. This morning, I'm sat in room having a coffee and I heard sawing. Thought it was over the back and thought nothing more of it. After 15 minutes or so I walk into the kitchen to see my upstairs neighbour sawing away at my tree! To which a see a branch been cut off and dumped on my garden! I shouted what the hell are you doing! To which he just walked to his car, chucked his saw on the back seat, got in and drove away! Now this branch is no where near his car at all! I'd guess at 40 or 50 feet away from the driveway and it isn't large enough to reach our window never mind his so I really don't know why he has even done it! He even cut round our bird feeder leaving it hanging on nothing more than a twig! My landlord is away so I cannot contact him. Surely this is criminal damage? He's just left the branches on our garden too so are we suppose to move those! I can't catch my breath! Link to comment Share on other sites More sharing options...
Robin-H Posted June 24, 2018 Share Posted June 24, 2018 We rent a flat. Its basically a house with us on the bottom floor and a man in the flat above. The back garden belongs to us only. As does the drive way. When we first moved in nearly 3 years ago, our landlord said our upstairs friend always parks his car on the drive and no matter how many times he has tried to stop him, he refuses to park his car elsewhere. Although he has no interest in the garden. The deeds clearly say this flat has a garden and drive and it isn't shared. However, we park our car on the road outside so not to cause any neighborly disputes and always have done. This morning, I'm sat in room having a coffee and I heard sawing. Thought it was over the back and thought nothing more of it. After 15 minutes or so I walk into the kitchen to see my upstairs neighbour sawing away at my tree! To which a see a branch been cut off and dumped on my garden! I shouted what the hell are you doing! To which he just walked to his car, chucked his saw on the back seat, got in and drove away! Now this branch is no where near his car at all! I'd guess at 40 or 50 feet away from the driveway and it isn't large enough to reach our window never mind his so I really don't know why he has even done it! He even cut round our bird feeder leaving it hanging on nothing more than a twig! My landlord is away so I cannot contact him. Surely this is criminal damage? He's just left the branches on our garden too so are we suppose to move those! I can't catch my breath! Did he enter your property to do so? That would be trespass. One is allowed to cut back branches from a tree that overhang into your property. Indeed, the cuttings should be returned to the owner of the tree, so technically he was correct to leave them in your garden. You are only permitted to undertake such pruning to branches that overhang onto your land however, so he wouldn't be allowed to enter your property. Link to comment Share on other sites More sharing options...
cgksheff Posted June 24, 2018 Share Posted June 24, 2018 It isn't "your" tree though. Is it. It is the property of your landlord and down to him to sort out. Time to look for another place? Link to comment Share on other sites More sharing options...
rivermel Posted June 24, 2018 Author Share Posted June 24, 2018 Did he enter your property to do so? That would be trespass. One is allowed to cut back branches from a tree that overhang into your property. Indeed, the cuttings should be returned to the owner of the tree, so technically he was correct to leave them in your garden. You are only permitted to undertake such pruning to branches that overhang onto your land however, so he wouldn't be allowed to enter your property. But it isn't his property. Nor does the tree hang over his property. I wish I knew how to upload photos. ---------- Post added 24-06-2018 at 13:28 ---------- It isn't "your" tree though. Is it. It is the property of your landlord and down to him to sort out. Time to look for another place? No, technically it isn't my tree. However, I pay rent for this property and the garden and as a tenant it is my responsibility to look after my landlords property. I would not dream of cutting down his tree without asking him first. Shame my neighbour doesn't hold the same morals. And yes. It definitely is time to look for another property to rent I think. Link to comment Share on other sites More sharing options...
carosio Posted June 24, 2018 Share Posted June 24, 2018 When the poster mentioned "deeds", I think he/she means tenancy agreement. Upload photos to IMGUR then copy the direct link code to your post. Link to comment Share on other sites More sharing options...
iansheff Posted June 24, 2018 Share Posted June 24, 2018 Did he enter your property to do so? That would be trespass. One is allowed to cut back branches from a tree that overhang into your property. Indeed, the cuttings should be returned to the owner of the tree, so technically he was correct to leave them in your garden. You are only permitted to undertake such pruning to branches that overhang onto your land however, so he wouldn't be allowed to enter your property. Not necessarily correct, yes the cuttings can be returned to the person on whose property the tree is on. However I read the other week apparently if you just throw the cuttings back over the fence it can be construed as fly tipping. Link to comment Share on other sites More sharing options...
Obelix Posted June 24, 2018 Share Posted June 24, 2018 Is there a TPO on that tree...? Also driveway parking? Your insurance will be higher on the road parking. I'd be getting very annoyed about not having quiet enjoyment of the driveway myself. Stop letting him bully you. Link to comment Share on other sites More sharing options...
mafya Posted June 24, 2018 Share Posted June 24, 2018 Report it to the police as criminal damage..... Link to comment Share on other sites More sharing options...
cgksheff Posted June 24, 2018 Share Posted June 24, 2018 (edited) Is the usptairs also a tenant of the same landlord, or does someone else own upstairs? Edited June 24, 2018 by cgksheff Link to comment Share on other sites More sharing options...
Calahonda Posted June 24, 2018 Share Posted June 24, 2018 The plus points are that you are not an owner, so move and leave the problems behind you, good luck to you. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now