Hedge Trespass

Hedge Trespass

Postby jenagain » Tue Apr 26, 2011 7:43 pm

Hi Everyone

I'm sure you've had this problem before but I really would appreciate some advice from those who are in the know about these things. My situation is, I have a neighbour behind me, who has never been very pleasant and he has planted one of those leylandii hedges. Up until recently it's always been maintained at a fairly reasonable 10ft tall and I have not worried about the overhanging branches. However this hedge is so close to my boundary that I can't see any way that he can maintain it from his side of the fence and so far this year it has been neglected and now stands at about 12ft plus tall.

I recently wrote to him, very politely asking him to trim back the overhang and have just received a reply saying that the hedge has always been maintained in the past but if I want any future trespass removed, I'd have to do it myself. He very graciously said he didn't mind if I returned his trimmings to him for disposal.

I don't see why I should do his gardening for him, indeed it's going to be difficult and dangerous enough now, what with reaching over my own shrubs but as this hedge grows, it's going to be impossible. I wonder if anyone has any advice as to what should be my next move.

Thank you in advance

Jen
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Re: Hedge Trespass

Postby TO » Tue Apr 26, 2011 9:30 pm

Hi
jenagain wrote:I wonder if anyone has any advice as to what should be my next move.
High hedge complaint. However, as your problem is more concerned with overhang than height it won't get very far. This is because you can cut back to the boundary already.

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Re: Hedge Trespass

Postby WILL*REMAIN*STRONG » Tue Apr 26, 2011 9:48 pm

As the neighbour is willing to dispose of any off-cuts, it might be worth asking them very nicely if they would mind keeping the hedge to a manageable height for you both of you to maintain. Whilst it isn't ideal to have to cut back another persons hedge, keeping a good neighbourly relationship is probably going to be best. It is a shame they won't cut back for you, I don't really understand why people decline maintaining their own property, but unfortunately you can't force the neighbour to cut back for you.
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Re: Hedge Trespass

Postby jenagain » Wed Apr 27, 2011 8:07 am

Hi and thank you for the replies. Unfortunatly, relations between the neighbour and myself have been bad from the day they moved in. The reason is, the previous occupants of thier house had a lawson cypress hedge of over 40ft high and I logged a complaint against it. This was 12years ago and when the old neighbour wanted to move they were apparantly adviced to remove it and for some reason the new neighbour ended up paying for it. He's hated me for this ever since and will so co-operation is no good at all. I was thinking about getting the job done by a profesional and going to the small claims court to reclaim the cost.

I'm also quite interested in how the high hedge law works. I did enquire about it once at the local council but they were not really interested at all. There's no way I can safely trim this hedge now and the problem is only going to get worse.

Great site by the way, lots of helpful advice, thank you.
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Re: Hedge Trespass

Postby Treeman » Wed Apr 27, 2011 10:17 am

jenagain wrote:I was thinking about getting the job done by a profesional and going to the small claims court to reclaim the cost.


If you go that route give written notice of intent (recorded delivery) and allow reasonable opportunity for them to take the works in hand.
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