I sued my neighbour after he cut down a £56k tree in my garden without permission, I’m devastated
A FURIOUS homeowner sued his neighbour after he cut down a tree worth £56,000 in his garden without permission.
David Sandom, 71, told of his “horror” after his neighbour chopped down his precious holly tree without his permission and “any good reason.”
Homeopath David Sandom said he had no option but to take retired doctor Niall Martin to court to challenge him on his actions which has caused him and his elderly mum both “huge distress and huge costs.”
The spiky garden wars between the long term and once friendly next door neighbours was played out in a court room last week.
Defiant David, from Solihull West Midlands, took out a private prosecution against “stunned” Dr Martin.
David accused the doc of chopping down his much loved 40 feet high evergreen holly tree he claims was worth £56,000.
Niall, 72, who enjoys showing off his garden to visitors during prestigious “In Bloom” charity events, said the chop was needed to allow more sunlight onto his flower beds.
He denied charges of criminal damage over the felling and theft of wood, and was acquitted as Birmingham Magistrates’ Court could not determine who owned the aged mature holly.
“I’m not concerned about the money, spending it or winning it through compensation, it’s about justice.”
David Sandom, 71
Defiant David, who has lived in his large period 1879 house for 42 years, doesn’t feel he has totally lost his court battle and has vowed to fight on.
He said: “I’m not concerned about the money, spending it or winning it through compensation, it’s about justice.
“I’ve spend at least £16,000 on legal fees to bring this to court and although he was found not guilty, I didn’t lose. I got something out of it.
“The court proved beyond doubt that the holly tree was on my side, but they couldn’t prove that he knew it was on my side. It is crazy!”
Inviting The Sun Online into his extensive back garden, he pointed out the clear border between the two four-storey properties in a conservation area, insisting: “This is my boundary, it has been exactly the same for 143 years.”
He recalled how the battle began when his neighbour asked his permission to cut down a beech tree spilling into his garden.
He explained: “I said no initially but he did a bit of arm twisting so I finally agreed.”
David told how his neighbour called in specialist tree surgeons during lockdown in February 2021 to remove the over hanging beech, and also “sneakily” the holly.
He noticed that further down his very long garden the holly had been axed too.
‘ABSOLUTELY FUMING’
David said: “I couldn’t believe it. I was stunned. I was absolutely fuming. It was horrible.
“He had been a friend and neighbour for many years whom I had trusted and didn’t feel I had to watch like a hawk.”
He added: “The beech, also on the boundary, was was leaning over to his side so he had the right to cut it, that was not a problem.
“But the holly was clearly on my ground and growing up on my side and I gave him no permission to remove it. But he did.
“It’s a bit of a joke him with him saying he needed to cut it down to create more light. He doesn’t think things through! He sees himself as the victim.”
David pointed out: “It was my sole decision to take action. I reported it to the council and they didn’t do anything. I went to the police and there was no reply.
“My only option was a private prosecution. And the law states that if you have lost something the court needs to know the cost of replacing it.
“So I found out the valuation of the holly tree and a similar one today would cost around £56,000, and with ancillary costs too for craning it in and planting it.”
‘HUGE DISTRESS’
David, who lives with and cares for his 92-year-old mum who co owns their house, said: “My elderly mother is very angry and upset by what he’s done and he has offended us both.
“For many years living side by side there has been no hostility until now, and it is a shame.
“I loved my holly tree, I love all my trees in my garden which is a bit of a wilderness but that is quite trendy nowadays.
“It’s a lovely house, it is my forever house.”
David, who still works part time, told how he is considering taking out civil action against Dr Martin and his wife Geraldine.
Speaking exclusively to The Sun Online, he said: “I’d like a new holly there to replace the one that was felled. And he should have to pay for it.
“The whole thing has cause me and my mother so much stress and huge distress. And we have had large costs to pay too.
“I would not dream of destroying someone else’s property. The removal of the tree does not increase light in his garden but probably does in mine which is not needed.
“There was not any good reason for him doing it.”
‘HORRENDOUS’
When approached at home Martin, who denied any criminal damage to a tree and was acquitted, said: “It has been horrendous.
“Our neighbour has been very accusatory over the extraordinary holly hedge case. We live in a conservation area and we follow the rules. The tree was not on his land.”
His wife Geraldine added: ”It has been extremely difficult and really stressful. The tree was on our boundary. We value our neighbours, we treat them respectively.”
When later informed by The Sun Online that the aggrieved neighbour was considering taking out a civil action, her husband said: “No comment.”