Hedge trimmed overhanging CAR PARK with no communication

Hedge trimmed overhanging CAR PARK with no communication

Postby sinneyon » Sat Sep 03, 2011 2:12 pm

Hello,

Am wanting some general info here, our hedge, which provides privacy and noise reduction from the road which our garden backs onto, was trimmed by the local council in their usual cutting of hedges for the road. The area to the side overhangs a car park for a small group of shops. The council contractors were instructed to cut the hedge by the owner of the Fish shop (which is in the middle between a chinese takeaway and a pizza shop). This was done without any prior communication with either us, or our Landlord. The trees are on our border and I would have gladly trimmed them had I known they were causing a nuicance!! The more serious part was that the cutting was done with a large, machine cutter that launched 3" pieces of jagged wood into our back garden at great speed (our dog was in the garden when they started, though thankfully we did not have any children, or indeed were in there ourselves). The resultant mess was distributed across our entire garden (and also into next doors over a 6' hedge). Fortunately the council were happy enough to clear the debris away. I am more concerned with the actions of the owner of the shop and what rights he has to order my landlords trees chopped (or in his words "I want them all cut down to fence level" which would leave us with NO privacy or noise reduction at all) especially as they do not hang onto any property whatsoever.

please advise in any way you feel adequate :)
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby despair » Sat Sep 03, 2011 4:57 pm

I am at a loss to see how the shopkeeper has the authority to order the council to cut back your hedge

One thing is very very sure the Shopkeeper has no right whatsoever to demand anything and certainly cannot demand the hedge is lowered

Only if it is seriously affecting his use of the premises and he can mount a viable claim under the High Hedge Law theres nothing he can do

I would suggest you advise him that he has no right to demand height reduction and if he has a problem with the hedge to discuss it properly in an amicable fashion with you
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby Treeman » Sat Sep 03, 2011 6:01 pm

Contradictions Contradictions??

Our hedge

Our landlords trees

our hedge,……………was trimmed by the local council in their usual cutting of hedges for the road

The council contractors were instructed to cut the hedge by the owner of the Fish shop


The owner of the shop can’t ORDER the council to do anything and isn’t entitled to cut anything except overhang into his property or perhaps the highway.

especially as they do not hang onto any property whatsoever

Then why were the council cutting them back, the work you describe is flail cutting of reasonably sized branches, if they weren’t overhanging the council have overstepped their rights, which is it?
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby mr sheen » Sat Sep 03, 2011 8:36 pm

Perhaps the clue is in the title - 'hedge trimmed OVERHANGING car park'. Where a hedge 'overhangs' beyond your boundary, you have no recourse if it is cut back to your boundary - theoretically only the owner of the affected property or a beneficiary of a ROW should cut it back but in reality there is little you can do if anyone cuts it back, with or without communication with you. If you don't want your hedge to be trimmed by someone else, keep it trimmed back within your boundary thus it will not 'overhang' someone else's property and neither the Council, the fish and chip shop owner or anyone else will need to touch it.
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby Sudynim » Sat Sep 03, 2011 8:49 pm

mr sheen wrote:Perhaps the clue is in the title - 'hedge trimmed OVERHANGING car park'. Where a hedge 'overhangs' beyond your boundary, you have no recourse if it is cut back to your boundary - theoretically only the owner of the affected property or a beneficiary of a ROW should cut it back but in reality there is little you can do if anyone cuts it back, with or without communication with you. If you don't want your hedge to be trimmed by someone else, keep it trimmed back within your boundary thus it will not 'overhang' someone else's property and neither the Council, the fish and chip shop owner or anyone else will need to touch it.


I agree.
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby TO » Sat Sep 03, 2011 9:12 pm

Hi

despair wrote:Only if it is seriously affecting his use of the premises and he can mount a viable claim under the High Hedge Law
No he can't

TO
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby sinneyon » Mon Sep 05, 2011 7:00 am

Just to clarify, i use the term 'our' in the sense that as we pay rent on the property and by virtue of that call the property our home, that we have use of the trees, the trees themselves belong to the landlord, as does the property. The second clarification is that the council contractors were undertaking their routine trimming of the trees that border the road (as they usually do) when they were instructed by the Fish Shop owner to cut trees that had previously never been touched by the council, using a high powered machine which caused the mess and dangerous situation mentioned above. Am I to assume then that I can go around chopping peoples trees etc back to their borders wherever I feel like it, even when they are no where near any property that I own?
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby despair » Mon Sep 05, 2011 8:27 am

Sinneyon

Theres no way the Council has authority to cut back trees that do not border a highway or their property

If your trees were overhanging a pavement etc they would have to send you 1 months notice to cut them back or they would do so at your cost

Is it possible the fish and chip shop owner slipped the council workers money to cut back the trees

Whoever it is that cuts back trees /hedges has no right to cause mess and damage or injury
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby mr sheen » Mon Sep 05, 2011 3:41 pm

sinneyon wrote: Am I to assume then that I can go around chopping peoples trees etc back to their borders wherever I feel like it, even when they are no where near any property that I own?


No.

The problem is where someone cuts back trees that overhang somewhere else, you would have to prove that they had no right to cut them back once you identified who did it and you are in a weak position if the trees 'overhang' beyond your boundary because someone had the right to cut them back to your boundary. The redress is likely to be more expensive than the losses and where trees are owned by a landlord,as in your case, your losses are even less and therefore it isn't worth you doing anything about it other than protecting the environment in which you live by ensuring that the trees are kept within your boundary and do not overhang anyone else's property so that the situation you describe cannot happen again.
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby Treeman » Mon Sep 05, 2011 6:56 pm

despair wrote:
If your trees were overhanginga pavement etc they would have to send you 1 months notice to cut them back or they would do so at your cost



The word you are missing is obstructing.

Overhang that causes no obstruction can’t be enforced.
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby Treeman » Mon Sep 05, 2011 7:08 pm

sinneyon wrote:Just to clarify, i use the term 'our' in the sense that as we pay rent on the property and by virtue of that call the property our home, that we have use of the trees, the trees themselves belong to the landlord, as does the property. The second clarification is that the council contractors were undertaking their routine trimming of the trees that border the road (as they usually do) when they were instructed by the Fish Shop owner to cut trees that had previously never been touched by the council, using a high powered machine which caused the mess and dangerous situation mentioned above. Am I to assume then that I can go around chopping peoples trees etc back to their borders wherever I feel like it, even when they are no where near any property that I own?


The fish shop owner didn’t instruct anyone, he has no authority to do so, he might have persuaded the contractor to do the deed. If the overhang was over council land they were entitled to cut back although I agree a tractor flail probably isn’t the best tool for the job.

You can go around cutting back overhang as long as you have a right of way over the ladn encroached and the overhang is impeding your use of the right.
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby catapult1 » Tue Sep 06, 2011 9:39 am

Is the car park private? Sometimes they are not!

However I would say... Get over it and keep your trees and bushes trimmed.
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Hedge trimmed overhanging CAR PARK with no communication

Postby Clifford Pope » Tue Sep 06, 2011 9:45 am

So it seems the car park is probably owned by the council.
The fish and chip shop has a right to use the car park?
The shop presumably felt some need to cut back the hedge - customer parking perhaps?
The contractor was employed by the council, and may or may not have been instructed to include the car park in his job?
Anyway, the shop owner persuaded the contractor to include the hedge.

It all seems perfectly reasonable to me. The moral is to cut your own hedges before someone else gets loose on them.
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