Putting up a post near to neighbour's hedge

Putting up a post near to neighbour's hedge

Postby Eleanor Macdonald » Thu Jun 09, 2011 11:52 am

Our neighbour has a hedge of which he is very fond. He asked us to remove our bins from standing in front of it as they were interfering with the growth of his hedge on our side. Which we did.

Our wrought iron drive gates have collapsed due to the posts deteriorating at both sides and now we want to replace it with solid wooden ones, the new post of which will be very close to (but not touching)his hedge. When we open the new gate it is going to block the light from his hedge for the length of time that we need to exit the drive.

He is almost bound to complain. Are we within the law (Scotland)?
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Re: Putting up a post near to neighbour's hedge

Postby despair » Thu Jun 09, 2011 1:02 pm

i do not think the law in this respect differs between England and Scotland

Your neighbour has no right to demand anything in respect of his hedge beyond the boundary line

Hence your replacement posts can sit bang up tight to the boundary or the hedge

I cant see any judge upholding your neighbour in his claims that he can dictate what you do on your side of his hedge

In fact if it was me i would cut it right back to the boundary and install a solid fence to stop the nonsense once and for all
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Re: Putting up a post near to neighbour's hedge

Postby Eleanor Macdonald » Thu Jun 09, 2011 1:45 pm

We were thinking of doing that at one time! It would cost quite a lot though. Also the hedge would probably die on our side ( wouldn't that be causing damage to his hedge?) and he would still have to come into our garden to cut the top which he can't reach from his side due to his sloping driveway.
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Re: Putting up a post near to neighbour's hedge

Postby despair » Thu Jun 09, 2011 4:24 pm

What species is the hedge ?

The only way he can claim damage is if you cut beyond the boundary or reduce the height

He has no right to enter your property to cut the top ...........his sloping driveway is his problem

what height is the hedge and how far beyond the boundary does it trespass
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Re: Putting up a post near to neighbour's hedge

Postby appledore » Thu Jun 09, 2011 6:41 pm

Are you allowed to breathe near his hedge? :) It must be very delicate, what sort is it? I'd put the bins back. He can't come into your garden to cut the top of his hedge without permission.
Keep calm and carry on.
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Re: Putting up a post near to neighbour's hedge

Postby Sudynim » Thu Jun 09, 2011 8:22 pm

Eleanor Macdonald wrote:Our neighbour has a hedge of which he is very fond. He asked us to remove our bins from standing in front of it as they were interfering with the growth of his hedge on our side. Which we did.

Our wrought iron drive gates have collapsed due to the posts deteriorating at both sides and now we want to replace it with solid wooden ones, the new post of which will be very close to (but not touching)his hedge. When we open the new gate it is going to block the light from his hedge for the length of time that we need to exit the drive.


The critical question - where is the boundary? If the boundary is the middle of the hedge, then you can do whatever you like to the branches overhanging your land. Push them around, block light from them, or simply cut them off altogether. But if the hedge is growing entirely on his land, then you have no right to interfere with it.
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Re: Putting up a post near to neighbour's hedge

Postby Eleanor Macdonald » Thu Jun 09, 2011 8:39 pm

I think it is entirely on his land because the boundary fence is flush with the level of what he cuts off it on our side. If he could stop us breathing on his hedge I am sure that he would Appledore :lol: It is only privet! if we put the bins back he moves them further up the drive or inundates us with daft notes.

I have spoken to the police but in Scotland people have the right to enter your garden so long as they have no intention of staying there or they do so with intent to damage. Not that I would ever dream of entering his garden but he's of a certain type shall we say :roll:
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Re: Putting up a post near to neighbour's hedge

Postby arborlad » Thu Jun 09, 2011 9:38 pm

Eleanor Macdonald wrote:I think it is entirely on his land because the boundary fence is flush with the level of what he cuts off it on our side.:



Who owns the fence?

Presumably you allow him access.
arborlad

smile...it confuses people
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Re: Putting up a post near to neighbour's hedge

Postby despair » Thu Jun 09, 2011 11:45 pm

Since nothing the OP is doing is illegal i can see no reason why the OP should take any notice whatever of the pathetic petty minded neighbour

In fact many people in the same situation would be minded to wind up the idiot by constantly moving bins and anything else back to touch his precious hedge and have fun breathing on it too

The Neighbour needs to get a life and stop his hedge obsession although his dedication to actually cutting back his hedge to the boundary on the OPs side would be something appreciated by many hedge victims
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Re: Putting up a post near to neighbour's hedge

Postby Eleanor Macdonald » Fri Jun 10, 2011 11:18 am

Thanks for all your comments. We do try to ignore him. Obsessed is the right word.The fence possibly belongs to him because the supports etc are on his property. However, I have painted the fence and he has not complained.

So do you think we are within our rights to put up a post near to his hedge?
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Re: Putting up a post near to neighbour's hedge

Postby Eleanor Macdonald » Fri Jun 10, 2011 11:20 am

arborlad wrote:
Eleanor Macdonald wrote:I think it is entirely on his land because the boundary fence is flush with the level of what he cuts off it on our side.:



Who owns the fence?

Presumably you allow him access.



No, he just comes in.
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Re: Putting up a post near to neighbour's hedge

Postby despair » Fri Jun 10, 2011 12:15 pm

Yes of course you can put your post in next to his precious hedge
do not loose even 1 inch from your boundary ..............you have a total legal right to fence to the fullest extent of your land or simply put in a gatepost at the fullest extent of your land

If he objects direct him to this site
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