My Father has lived in the same Council property since 1978, and the property had an existing tree. We have pruned the tree regularly but my Father is now elderly and cannot do as much anymore.
The tree is overhanging a neighbouring property and the neighbour has complained. We have contacted the Council to prune the tree as it was existing when we moved in so long ago.
A few weeks ago there were 2 men in my Dad’s garden trimming the tree. My Dad confronted them and they said they were from the Council and had knocked at the door. Ring doorbell footage confirmed they hadn’t. They trimmed one side of the tree and left the discarded branches around his garden.
My Dad, believing they were from the Council, has awaited their return to dispose of the branches. He is frail and has in the meantime fallen over them as they are all over his garden path.
I complained to the Council who have confirmed they did not attend his property nor have any contractors entered on their behalf. They will not be removing the garden waste from his garden.
I suspect this neighbour has contracted these people to enter his garden and leave the discarded waste on his property. I am aware that neighbouring properties have a right to trim overhanging branches on their property but cannot enter the property, and can offer the cut branches back and not just dump them over the property boundary.
The questions I have on this are;
Do we have any redress against the neighbour for injury?
Has the neighbour, or their contractor upon their direction, committed trespass? And criminal damage?
Can we ask the neighbour, or their contractor, to remove the branches they have dumped in the garden and caused the trip hazard?
Thank you