Giant Hedge - from beyond the grave?

Giant Hedge - from beyond the grave?

Postby dodo » Thu Jun 30, 2011 10:10 am

My next door neighbour has recently died.
There's a massive Leylandii hedge which he planted likely 40 years ago right smack on his boundary and very close to our house.
Initially when we moved here twenty years ago we tried to negotiate - cup of tea/neighbourliness - he said it was his boundary, his hedge, if we touched it we'd hear from his solicitor etc.
With a young family, no spare money and not wanting any trouble we left it at that.
A solicitor is now administering his will and his house is being prepared for sale.
I feel that having held back for so long in the interests of a peaceful if sunless life I've earned the right to some serious hedge relief.
I've asked the solicitor to pay from his estate for the reduction or removal of the hedge.
Do I have any legal right to expect them to do that ?
dodo
 
Posts: 7
Joined: Tue Jun 28, 2011 1:41 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Giant Hedge - from beyond the grave?

Postby despair » Thu Jun 30, 2011 1:29 pm

It will sure be in the interest of the estate to deal with the hedge

Tell them you are raising a HIGH HEDGE LAW COMPLAINT and mediation is the required ist step to resolution after which you can file a complaint with the local council

do a google search on the issue along with looking at hedgeline.org for relevant letters etc that need to be sent
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: Giant Hedge - from beyond the grave?

Postby Sudynim » Thu Jun 30, 2011 7:29 pm

Perhaps worth checking that the hedge meets the criteria before leaping into action.
Sudynim
 
Posts: 2242
Joined: Mon Dec 21, 2009 7:31 pm

Re: Giant Hedge - from beyond the grave?

Postby despair » Thu Jun 30, 2011 8:39 pm

Thanks Sudymin I should have added that but given description of giant hedge assumed it truly is

Either way the last thing the solicitor or trustees need is a hedge dispute on their hands when selling the property
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: Giant Hedge - from beyond the grave?

Postby mr sheen » Thu Jun 30, 2011 9:34 pm

You could inform their solicitors that you were in dispute with the person who has passed away in relation to the hedge and that you wish the dispute to be resolved prior to the property going on the market and should the matter not be resolved you will inform any relevant estate agent and all viewers that the property is subject to an unresolved boundary dispute.
mr sheen
 
Posts: 2093
Joined: Fri Feb 27, 2009 3:33 pm

Re: Giant Hedge - from beyond the grave?

Postby Treeman » Thu Jun 30, 2011 9:37 pm

mr sheen wrote:You could inform their solicitors that you were in dispute with the person who has passed away in relation to the hedge and that you wish the dispute to be resolved prior to the property going on the market and should the matter not be resolved you will inform any relevant estate agent and all viewers that the property is subject to an unresolved boundary dispute.


You could do that but it would be a lie, at best you have a high hedge issue, hardly a boundary dispute.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Giant Hedge - from beyond the grave?

Postby mr sheen » Thu Jun 30, 2011 9:50 pm

Tis a boundary dispute if you dispute the encroachment of the trunks and hence position of the boundary in relation to the trees.
Any unresolved dispute is a red flag to potential buyers.
mr sheen
 
Posts: 2093
Joined: Fri Feb 27, 2009 3:33 pm

Re: Giant Hedge - from beyond the grave?

Postby Treeman » Thu Jun 30, 2011 10:57 pm

mr sheen wrote:Tis a boundary dispute if you dispute the encroachment of the trunks and hence position of the boundary in relation to the trees.
Any unresolved dispute is a red flag to potential buyers.



If you say so.....
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Giant Hedge - from beyond the grave?

Postby Clifford Pope » Fri Jul 01, 2011 1:43 pm

I don't see any purpose in creating a "dispute" where none existed. The executors will want a nice tidy garden that appeals to potential buyers and helps to sell the property.
Tell them that you are going to cut back the trees on your side to the boundary, and ask them whether they would like to take the opportunity to tidy up their side, or remove the hedge completely. You could hint that you had considered using the high hedge procedures, but would prefer to sort it out in a friendly way with mutual agreement.
With the neighbour gone, you are now both on the same side, so it would be silly to deliberately start an argument.
Clifford Pope
 
Posts: 400
Joined: Tue Aug 25, 2009 1:18 pm

Re: Giant Hedge - from beyond the grave?

Postby arborlad » Fri Jul 01, 2011 6:37 pm

dodo wrote:I've asked the solicitor to pay from his estate for the reduction or removal of the hedge.


That would have to depend on whether the solicitor viewed the hedge as an asset or liability!
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Giant Hedge - from beyond the grave?

Postby Roblewis » Sun Jul 03, 2011 8:26 am

Treeman, Mr Sheen

It is any dispute that must be revealed on the SPIF not just boundaries - it is a common misconception though. The general terms used are "has the neighbour done anything that might affect this or neighbouring property" and "have you done anything that might affect this or neighbouring property". The dispute clause is separate "Are there any disputes affecting this or neighbouring properties of which the buyer should be aware".

A recent case involved a neighbour played music loudly all day. The seller did not reveal and was found to have misrepresented the property.
Roblewis
 
Posts: 1764
Joined: Mon Jan 24, 2011 12:41 pm

Re: Giant Hedge - from beyond the grave?

Postby Treeman » Sun Jul 03, 2011 8:39 am

Roblewis wrote:Treeman, Mr Sheen

It is any dispute that must be revealed on the SPIF not just boundaries - it is a common misconception though. The general terms used are "has the neighbour done anything that might affect this or neighbouring property" and "have you done anything that might affect this or neighbouring property". The dispute clause is separate "Are there any disputes affecting this or neighbouring properties of which the buyer should be aware".

A recent case involved a neighbour played music loudly all day. The seller did not reveal and was found to have misrepresented the property.



My point was that it’s not an unresolved boundary dispute, that would be a lie, at best it’s a request to reduce the height of a hedge. IF it becomes a HH appeal the other side can still sell the property with that on going.

It will never be a boundary dispute, the position of the boundary is not in question, it’s the height of the hedge that’s at issue, telling people a boundary dispute exits when it clearly doesn’t will cause you no end of trouble and is a BAD IDEA.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Giant Hedge - from beyond the grave?

Postby despair » Sun Jul 03, 2011 9:12 am

If it is a Leylandi hedge that was planted 40 years ago and has never been reduced in height it must be very very high indeed since they are reputed to grow by around 3ft a year

Maybe the OP can tell us or post a photo
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: Giant Hedge - from beyond the grave?

Postby Roblewis » Mon Jul 04, 2011 10:13 am

It might not be a boundary disput but it is a dispute and as such the excutors will be interested otherwise they are liable once informed and they state "not to my knowledge" on the SPIF
Roblewis
 
Posts: 1764
Joined: Mon Jan 24, 2011 12:41 pm

Re: Giant Hedge - from beyond the grave?

Postby Treeman » Mon Jul 04, 2011 11:16 am

Roblewis wrote:It might not be a boundary disput but it is a dispute and as such the excutors will be interested otherwise they are liable once informed and they state "not to my knowledge" on the SPIF



It's NOT a dispute. The OP wrote

I've asked the solicitor to pay from his estate for the reduction or removal of the hedge.


That's a request, all the vendor needs to do is say no we will let the new owner decide that and inform the potential buyers about the request.
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Hedges

Who is online

Users browsing this forum: No registered users and 2 guests