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Neighbour cut branches off my tree in my back garden without consent!


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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.

 

With previous houses I've rented the upkeep of the garden was my responsibility, although I didn't have to look after a big 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.

 

This, as soon as he left you should have put your car on the driveway and kept it there.

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If I were your landlord I'd be fitted one of those lockable folding security posts. If he's been parking in, for all intents and purposes, is a space designated to your residence and been told not to.

 

In terms of the tree. He has no right to touch it. He can't claim that it was causing any damage to his vehicle as he's been told not to park there since it's designated to your residence.

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The branches, cuttings, whatever, should be 'offerred' back. Not dumped. They are to be disposed of by the person who cut them if the 'owner' does not want them.

 

Secondly, the landlord is useless and should have evicted this tenant long ago.

 

Thirdly, move. You will resolve nothing.

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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.

 

How can the tree 'overhang' the upstairs flat? I don't think you've quite followed the OP.

 

However, as someone already said, it's not the tenants tree, it's the landlords, so the upstairs tenant has trespassed against the downstairs tenant and damaged the landlords property.

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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.

 

There's your problem (in bold). You should have dealt with this three years ago , perhaps not moved in until your landlord had resolved it.

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Go to Citizens Advice with well documented notes and photographs, try to get a reply to your concerns from your landlord in writing/email. My feelings are that your landlord is acting in a negligent manner, but you need to prove it.

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