Declining hedge cuttings!

Declining hedge cuttings!

Postby Mushroom » Mon Sep 05, 2011 4:44 pm

Sorry, this may be a little long.

There is a hedge at the boundary between my parents and their neighbour’s garden. The deeds state that it is my parent’s hedge, but everyone takes responsibility for cutting their own side of the hedge.

A dispute has arisen over the height of the hedge – my father lowered it as he was getting too old to maintain it at his current height. His neighbour was unhappy about this as he felt it affected his privacy. As a result, he has sent a letter to my parents saying that he intends to cut the hedge back to the boundary in order to put up a fence, and has been advised that he can put the cuttings on my parents property in a reasonable manner as they are lawfully theirs.

The information that I've read online isn't that clear, but it seems to be that the person cutting the offending hedge should offer the cuttings back and the offer can be declined, for the cutter to then dispose of. Does anyone have any concrete references for this though so that the neighbour can be informed of this in advance of the work (unfortunately there appears to be a lot of bad feeling, so it is probably important to try and clarify this).

I don’t want my elderly parents to be saddled with a whole load of hedge to dispose of!

Thanks in advance.
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Re: Declining hedge cuttings!

Postby Mattylad » Mon Sep 05, 2011 6:37 pm

Write back to him, advise him that any cuttings that he removes from the hedge are not wanted and he must dispose of them himself and that any unauthorised dumping of them on your (parents) property will result in a legal claim for dumping with the authorities.
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
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Re: Declining hedge cuttings!

Postby katee » Mon Sep 05, 2011 6:43 pm

Hello Mushroom,

Mushroom wrote: has been advised that he can put the cuttings on my parents property in a reasonable manner


You neighbours have been mis-advised.

Mushroom wrote: it seems to be that the person cutting the offending hedge should offer the cuttings back and the offer can be declined, for the cutter to then dispose of.


You are correct.

It is difficult to find concrete references for this but it is (AFAIK) common / civil law.

(I would be aware of your neighbour complaining about the hedge damaging the fence in the future, if he is going to be pedantic.)
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Re: Declining hedge cuttings!

Postby Mushroom » Wed Sep 07, 2011 10:48 am

Thank you very much for the reassurance! I've contacted the neighbour to advise him of this, so hopefully that will be the end of it.
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Re: Declining hedge cuttings!

Postby arborlad » Wed Sep 07, 2011 11:29 am

Mushroom wrote:– my father lowered it as he was getting too old to maintain it at his current height. .


Can you come to a compromise with the neighbour cutting the top at the height that suits them both and your father cutting his side?

I think you have to differentiate between hedge cuttings, which are waste, and any usable timber or fruit, which belong to the owner of the tree and have a value.

When you cut a hedge, you produce waste, if you produce waste, the producer is responsible for its disposal.
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smile...it confuses people
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Re: Declining hedge cuttings!

Postby TO » Wed Sep 07, 2011 8:00 pm

Hi

arborlad wrote:When you cut a hedge, you produce waste, if you produce waste, the producer is responsible for its disposal
One man's muck is another man's brass. As the dispute has already started, and the arisings from trimming the hedge belong to the hedge owner whether you consider them waste or not, they should be offered back. If you don't want them then
Mattylad wrote:Write back to him, advise him that any cuttings that he removes from the hedge are not wanted and he must dispose of them himself
in an appropriate manner e.g. to the tip or in their green waste recycling.

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Re: Declining hedge cuttings!

Postby despair » Wed Sep 07, 2011 9:23 pm

TO

Do you see problems with this occuring when Councils start charging £80 a year for green recycling collection

Many people will not want to fork out to have a neighbours hedge arisings removed and if they do not have a car to get to the tip
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Re: Declining hedge cuttings!

Postby arborlad » Fri Sep 09, 2011 10:41 am

TO wrote:Hi

arborlad wrote:When you cut a hedge, you produce waste, if you produce waste, the producer is responsible for its disposal


One man's muck is another man's brass.
TO


I think you missed this bit:

arborlad wrote: I think you have to differentiate between hedge cuttings, which are waste, and any usable timber or fruit, which belong to the owner of the tree and have a value.


I'm aware of the ownership issues, but my default position when working on a hedge, irrespective of ownership, is that I will have to remove and responsibly dispose of any arisings, if the owner of the hedge made me aware that they wanted the arisings, I would be quite happy to oblige.
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Re: Declining hedge cuttings!

Postby Treeman » Fri Sep 09, 2011 2:24 pm

arborlad wrote:I think you have to differentiate between hedge cuttings, which are waste, and any usable timber or fruit, which belong to the owner of the tree and have a value.



It all belongs to the owner regardless of value
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