Posted: 28/08/2014 at 10:21
Nevertheless, Assad, if this was a deliberate act it is criminal damage. I'm sure tests could be carried out on the trees and/or the soil. If no-one else has access to this part of your garden and the tests were positive it would appear that it was indeed your neighbour's action. This would then look like one of those cases where the neighbour thinks theirs is the only valid opinion, and if they win this one they'll expect to impose themselves on you in the future.
Alan, the question of what happens in the garden if Assad moves house is not his problem. No-one wants neighbour disputes but the quickest way to have one is to not be assertive.
I think I would plant new trees and have a chat with the neighbour about how the trees had mysteriously died and you were replacing them so you could have a 6-ft hedge. You might get some interesting body language.
Make sure you plant the new trees well back from the boundary so that you can get round to the other side to maintain it.