New Garden, Neighbours removed hedge!!!!

New Garden, Neighbours removed hedge!!!!

Postby mrphilk » Tue Jun 07, 2011 12:44 am

We are currently in the process of having our garden landscaped. Everything was looking great until today when I came home from work our neighbours had decided to take the hedge down that divided the two gardens.

Its hard to say which side of the fence the hedge lay, there is a small fence on our side but none on theirs, but the hedge was on their side of the fence.

The issue is now that we have a 3ft fence and a warzone on the other side. Not only have we lost our privacy but our garden now looks shocking!

I realise there is no obligation for the neighbours to pay but their house is council owned.

Is there any way I can ask for the council to contribute to a new fence?

It is going to cost a lot of money to get a new fence put up to regain our privacy.

Also what is the max. hieght of fence we can legally put in place?

Thanks.
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Re: New Garden, Neighbours removed hedge!!!!

Postby mugwump » Tue Jun 07, 2011 6:05 am

mrphilk wrote:Its hard to say which side of the fence the hedge lay, there is a small fence on our side but none on theirs, but the hedge was on their side of the fence.

It sounds like it was their hedge if it was on their side of the fence

mrphilk wrote:I realise there is no obligation for the neighbours to pay but their house is council owned.

Ownership makes no difference unless there was something in the tenancy agreement forbidding them to remove the hedge

mrphilk wrote:Is there any way I can ask for the council to contribute to a new fence?

Doubt it, you want the privacy, not the neighbour

mrphilk wrote:Also what is the max. hieght of fence we can legally put in place?

2 metres unless adjacent to a road
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Re: New Garden, Neighbours removed hedge!!!!

Postby despair » Tue Jun 07, 2011 8:25 am

I suspect the neighbours thought you have plenty of money
We dont want that hedge lets up the anti

If you install a new fence do not forget to ensure your neighbours fully understand

ITS YOUR FENCE and they cannot under any circumstances

1) paint or stain it
2) attach anything whatever to it
3)grow ivy or other climbing plants up it
4) pile soil or lean anything against it
5)allow balls etc to be kicked or thrown at it

in short its your property ......if they damage it they pay

Any arguments ask them if they mind you painting the side of their car etc
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Re: New Garden, Neighbours removed hedge!!!!

Postby mrphilk » Tue Jun 07, 2011 1:32 pm

Thanks for the adivce, I cant begin to tell you how dis-heartening this is, althgough im sure many of you have already been in this situation.

As the garden has been progressing every morning I have had breakfast while looking out of the patio windows with a little warm bubble in my stomach as I imagine what it will look like when finished.

this morning I was faced with a broken down rotten old shed and a big pile of old kids toys that have been piled up behind it!!!!!

Ive spoke to the chap doing the garden and hes gonna get me a fence quote today, but it means everything else is going to have to go on hold.

also it seems they have left the routes in, which means its going to cost us extra labor just to get the fence in place!

I think you are right, they havnt touched the thing in the 6 years I've had the house then all of a sudden they decide to remove it...............

thanks for your advice
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Re: New Garden, Neighbours removed hedge!!!!

Postby juliet » Tue Jun 07, 2011 7:44 pm

It is worth asking the council - I bet they never asked them for permission to remove the hedge. Usually (presuming that yours ex council) they were all conveyed/transferred as shared boundaries as that was easier that looking at each case individually.
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Re: New Garden, Neighbours removed hedge!!!!

Postby mrphilk » Tue Jun 07, 2011 10:19 pm

I think that might be worth a shot.

I go away on holiday on monday so gonna see how the land lies when I come back.

I think im going to ask if they are willing to split the cost then if they say no complain to the council. In my mind, why should I pay for a new fence / privacy barrier for one of their tennants?

Morally I think I am in the right but legally? Im not sure.

If nothing else it might expose the fact that there are 3 people living there when there should only be 1!
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Re: New Garden, Neighbours removed hedge!!!!

Postby Sudynim » Tue Jun 07, 2011 10:52 pm

mrphilk wrote: In my mind, why should I pay for a new fence / privacy barrier for one of their tennants?!


Because it's only you that wants the new fence / privacy barrier?
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Re: New Garden, Neighbours removed hedge!!!!

Postby mugwump » Wed Jun 08, 2011 6:36 am

juliet wrote:It is worth asking the council - I bet they never asked them for permission to remove the hedge. Usually (presuming that yours ex council) they were all conveyed/transferred as shared boundaries as that was easier that looking at each case individually.


The shared boundary is still there (if it IS shared). That would be the fence.
The hedge was on the neighbour's side of the fence and therefore on their property. They may have had a duty their tenancy agreement to maintain the garden but it would be a rare thing to specify that a hedge growing within the property must be kept.
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Re: New Garden, Neighbours removed hedge!!!!

Postby w3526602 » Wed Jun 08, 2011 4:39 pm

Any arguments ask them if they mind you painting the side of their car etc

Hi,

Sorry, couldn't resist, but I'll keep it short.

Houseowner employs somebody "on the black" to paint his back fence. When he is finished, to then paint the porch at the front. A couple of hours later, the painter knocks on the door, wanting to be paid.

"It wasn't a Porch, it was a Mercedes, but I painted it anyway". :shock:

602
602 (That was my "last three")
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Re: New Garden, Neighbours removed hedge!!!!

Postby arborlad » Wed Jun 08, 2011 5:19 pm

mrphilk wrote:We are currently in the process of having our garden landscaped. Everything was looking great until today when I came home from work our neighbours had decided to take the hedge down that divided the two gardens.


Removing a hedge at this time of year, would almost certainly breach the Wildlife and Countryside Act, but may be too late now to action.

Its hard to say which side of the fence the hedge lay, there is a small fence on our side but none on theirs, but the hedge was on their side of the fence.


It's hard to be definitive without being there and seeing it, but don't put too much reliance on the fence being the boundary, until you've researched it a bit more.

If the hedge does turn out to be shared, that does give it one advantage over a wholly owned hedge, you will be able to tell fairly certainly where the boundary lies.

mugwump wrote:The shared boundary is still there (if it IS shared). That would be the fence.


There's no certainty of that, as yet.

mugwump wrote:...........it would be a rare thing to specify that a hedge growing within the property must be kept.


Not so rare, if you live in one of the Garden Cities or Hampstead Garden Suburb.
arborlad

smile...it confuses people
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