Legal query regarding hedge maintenance

[SimonB]

Thanks for all your further replies, in particular wessexmario and BeeJoyFul. You echo much of what I have come to understand to be the law and have put my mind at rest that he is making unreasonable demands.

I also thought the boundary argument was nonsense for the same reason. He claims that we asked permission to plant the hedge which they granted on the condition, at the time, that it was maintained at 8 feet, though he has now said 10 feet is sufficient (insurance says 13 feet max) thus allowing for growth. I don't recall that conversation, since why would we need to ask permission, and if we did it would have purely been a courtesy. However there was no formal agreement made (in writing or otherwise recorded).

We're at an unfriendly neighbour stage and I don't think he will escalate further since we have agreed to maintain the hedge to his requirements. Whilst I suspect that legally we are on a strong footing, I would prefer not for relations to deteriorate further.

Was this directed at me... if so I don't understand.

I sometimes lose the will to live!

Tim.

 

[JWF]

Not so useful now you've decided to meet his wishes, but I'd be inclined to ask him which specific bit of the law it is that requires you to cut the hedge to his requirements - I bet you he can't tell you.

 

[user 6228]

write down what was agreed and what you disagree on ... give them a copy.

 

[Torq]

Write nothing down and deny it all when they start getting stroppy again, because they will. Bide your time, they will some day do something that you can report them to the council for

 

[SimonB]

This was some of the email

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Prior to your taking up residence there was a functional boundfary the fence .When you asked about planting the hedge We gave you permission providiong the hedge was maintained to a reasonable height, at the time we stated 8 feet but as insurance requirs 13 feet I feel that 10 feet is reasonableto allow for growth .

I am aware thta you have already spoken to a solicitor because you were thinking of trying to sue us over the hedge last time.

I am sure that the solicitor will have informed you of the law of tort which is common law and basic available in any law book .
this requires;
a that if you plant a hedge the hedge becomes the legal boundary
b that the responsibility for maintainance it is with the person planting the hedge
c that the clippings from the hedge are the hedge planters responsibility and that if someone else cuts the hedge and does not return it to the owner that it is considered to be theft and subject to litigation under the law
-------------------------------------------------------------------

I find it insightful that he feels that he granted permission for us to plant the hedge. As already stated, we might have asked whether they minded as a courtesy, but there was certainly no sense that we had to get his permission.

Just 30 minutes of Googling led us to believe that he was wrong, but one never knows whether the law might have changed since the various online articles were published, and he seemed so sure of himself.

We also never consulted a lawyer after the previous incident, and most certainly had no intention of suing over a hedge.

It's a shame, we used to get on reasonably well, but when we were left with a very large quantity of hedge cuttings to dispose of when he last cut it, without a peep, no offer to help or contribute towards cost we decided we had no interest in speaking to them again. We do not recall ever being told prior to the recent request of their height requirement. If I recall correctly the last time he cut the hedge they shortly afterwards began work on their garage roof, which is what I have always assumed was why he wanted it cut.

I have copies of emails of course. I am also now demanding a clear statement regarding consent for our gardener to enter his property to cut the hedge, but no response so far.

 

[wessexmario]

(a) is wrong.

If you put plants on someone else's land then you are committing a trespass.

If you fence land (including a hedge) and use as your own then it may become yours after 12 years, but then only if you formally claim the title to that land by Adverse Possession.
Adverse Possession

Note that even the red line on your Title plan might not reflect the legal ownership.
The general advice tends to be that it is never worth fighting or falling out over a few inches at a boundary.
If nothing else, it becomes a 'dispute with a neighbour' which has to be declared if either property is offered for sale.

 

[VEG]

At the end of the day you planted the hedge you should be responsible for cutting all sides of the hedge and disposing of it. The boundary is still the original boundary not the hedge.
As a tree surgeon I will tell you hedges are one of the biggest argument causing things.
I wouldnt be too happy if you planted a hedge then expected me to cut it (unless you paid me too of course).

 

[midnight sun]

Without Pejudice

It seems to me from what you have said so far, that this neighbour is a bully (and a b*llsh*tter to boot).
If anything he has said about his legal claim is true, then he would have proof, of which you have seen non, apparently. If he has advice from a solicitor then his solicitor is non too smart. (I have dealt with a few that fall into this category, except of course when it comes to procedure and charging for it!) Don't think that all solicitors are like the TV drama type. They are not all that good.
It appears to me, that because you have shown to be too reasonable, he see's this as a sign of weakness and is taking advantage of this. This forum cannot advise you as well as a solicitor. I would see one that specialises in this field (usually they do a free session of basic advice) and then go from there.
If I was in your situation, I would definitely be calling his bluff, but that's due to my 'character' and the fact that I won't suffer intimidation.
The longer you leave this, the worse it will get and the weaker you will become due to stress. Bite the bullet, get the advice and sort this idiot out. If you do nothing, you will never be rid of his plaguing.
Hope it works in your favour
Regards Dave

 

[VEG]

Have a read here http://www.problemneighbours.co.uk/rules-on-hedges-and-roots-growing-into-your-property.html

The bit that I found interesting is if the hedge/tree is planted on one property only then they are responsible for the upkeep, unless otherwise agreed.

 

[jenkinsbrynmair]

You have aready stated that the hedge is wholly on your property - so nothing he can do about that, and the fence is still the legal boundary - he cannot dictate to you what you plant in your garden, likewise he cannot dictate to you whether you prune your plants. - if it grows on to his property he has the right to cut it back TO THE BOUNDARY and the right then to dispose of the clippings (although he should offer them back to you, if you say no it is then up to him to do what he sees fit with them)

Man's a bully and a bumptious eejit, period

 

[Little John]

The theft of clippings stuff is cobblers. It only becomes theft if whatever has been cut off has value. I think the legal terminology for this is 'useful wood'.

Also the height of hedges not exceeding 2 metres only applies if the boundary abuts a public highway.

 

[BeeJayBee]

The neighbour is, frankly, b*sh*tting and making things up as they go along. They want the land between the boundary fence and the rootline - that's it, and they're going to try to make your life as miserable as they can until you capitulate and let them have it, or resort to taking legal advice which will cost a heck of a lot.

The current situation regarding this sort of dispute is that courts will not allow cases to precede unless there has been an attempt to mediate the issue. If you take a stroll through the pages of the Gardenlaw site and forum http://www.gardenlaw.co.uk/ which was set up by solicitors, or take a read of John Maynard's (he's a chartered surveyor with expertise in boundary issues) "Boundary Problems" website http://www.boundary-problems.co.uk/boundary-problems/fences.html you will learn a lot.

Be absolutely sure of your position, and take a lot of photographs because you may come home one day to find the fence has been removed - it does happen!

Bear in mind too that if either of you wish to sell your property then this matter would have to be declared to prospective purchasers - but of course your problem should vanish the moment these neighbours move.

One option to stop this nonsense dead could be this - I don't know how far away the rootline of the "hedge" is from the fence - but if you can get between it and the fence and cut the whole lot back so there's a length of clear air between the two, then it clearly separates the two garden features and you can use that space as a narrow path. You can use that path to maintain the fence!

Doing this would also show, quite clearly, that you 'own' both sides of this line of shrubs and intend to maintain it yourself, with no input from any neighbour.

It doesn't matter if you cut the whole of this line of shrubs (hedge) that faces the adjacent property right back to the trunk to make this space. It's unlikely to kill the plants, although some species take a long time to recover so it might not look pretty - doesn't matter, because you don't have to look at it!

You do not have to seek permission from anybody to maintain any plants within your property unless they are protected by the local authority. This protection will not apply to a newish line of shrubs.

Do not even consider asking your neighbour to grant access so that this line of shrubs (hedge) can be maintained.

Do look at the websites I've mentioned, and consider asking your question to the folks at Gardenlaw. They are very good, and won't let you believe something that is incorrect.

 

[VEG]

Another thing to note is that you can NOT just throw the clippings back into another garden as you CAN get done for fly tipping.

 

[Torq]

In all seriousness. You do need to take professional legal advice but you don't have to let your neighbour know that you have or what you have been advised. Keep that to your self but use the info as appropriate.

I have to ask, why has this situation developed? Has something else you have done pissed them off and are they just using this as an excuse to get back at you?

 

[theeggman]

Also the height of hedges not exceeding 2
metres only applies if the boundary abuts a public highway.[/QUOTE]

I suggest you consult recent legislation!

Tim.

 

[BeeJayBee]

Also the height of hedges not exceeding 2
metres only applies if the boundary abuts a public highway.

I suggest you consult recent legislation![/QUOTE]

If you walk along our road there are a good few 'hedges' as high as the lamp posts. It's trees that get the council rattled! Householders whose trees block streetlighting are politely (ahem!) told they have a very limited time to get them pruned.

The so-called high hedge legislation only applies when the amenity (use) of a property is reduced or lost because natural light is permanently blocked by groups of 2 or more evergreen shrubs/plants that grow together. There are ways round this - grow shrubs which grow up rather than out, put several together with clear air between them and the combined effect will be a screen but they don't form a 'block', and each plant moves separately when it's windy. It's a bit like a living trellis and can look quite nice.