Neighbour has chopped down hedge

Neighbour has chopped down hedge

Postby john1802 » Tue Sep 20, 2011 3:30 pm

In the back garden of our property there was a Conifer hedge and a small fence dividing the gardens. The Conifers were not too high, I could reach the tops with a hedge trimmer while stood on the ground. The small fence was directly to the left (As you look down the garden) and so the Conifers were on our side of the fence.

We have recently done a lot of work to the property ready to sell it and have moved out to another place a couple of miles away. When my girlfriend visited the house a few weeks ago to check on things she discovered that our neighbour had cut the conifers down leaving stumps sticking a few inches out of the ground. There was no prior discussion with us about this and no consent was given. My girlfriend told her that she had to make good the current situation by removing what was left and putting a fence up in its place. We did not want to get into an argument over this as the damage has been done and we intend to sell anyway once the neighbour has made good the damage.

I was round the house this weekend and the neighbour came out to discuss the fence. She said she would get someone round to price up the fence and then i asked who would be paying for this, to which she replied "I thought we could both chip in". I told her that my girlfriend and I had no intentions of 'chipping in' as we were happy with what was there and it was not our idea to chop the Conifers down and that it was not discussed with us in any way before it was done. With that she said something about the roots growing underneath everything on her side (No specific claims of damage to anything) and that she would get the new fence job priced and get back to us.

What I would like to know now is where do we stand? The garden looks a mess and we cannot put the house on the market looking the way it looks now.

I have attached a photo of the garden if it helps. I will try and dig out a photo of what it used to look like as well if that helps.

IMAG0368-P25.jpg
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Re: Neighbour has chopped down hedge

Postby despair » Tue Sep 20, 2011 9:50 pm

No disrespect but to me the garden does not look well kept anyway

the grass sure needs cutting etc if you want it to look good to sell

unless of course the photo shows not only your garden but that of your neighbours too
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Re: Neighbour has chopped down hedge

Postby Sudynim » Tue Sep 20, 2011 10:48 pm

john1802 wrote:What I would like to know now is where do we stand? The garden looks a mess and we cannot put the house on the market looking the way it looks now.


Throw the old fence in a skip or repair it with temporary bits of wood (if it's yours), mow the lawn and it'll look fine.
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Re: Neighbour has chopped down hedge

Postby dgillings » Tue Sep 20, 2011 11:22 pm

What they have done lines up with criminal damage and I would say that it would be pertinent to contact the citizens advice bureau first to see where you stand. Your neighbour, legally, would be able to remove any of the plant that over-hangs their property, but unless already agreed with you would have to give you those clippings back as they are technically your property - so at the very least you should have ended up with all of the conifers in a nice pile. However, they have stepped into your land to remove the trees from your property rather than remedial works.
CAB then perhaps police, in my opinion
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Re: Neighbour has chopped down hedge

Postby Mojisola » Wed Sep 21, 2011 9:27 am

It's one of those cases where you can stand on your rights or you can be more pragmatic and just sort out the situation. Your neighbour had no right to touch your hedge and you could take legal action but then you will be renting out your property with an aggrieved neighbour who could cause no end of trouble.

The other option is to sort out a new fence - with a contribution from the neighbour if you can - maintain good relations and hope it's a one-off event.
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Re: Neighbour has chopped down hedge

Postby john1802 » Wed Sep 21, 2011 10:50 am

despair wrote:No disrespect but to me the garden does not look well kept anyway

the grass sure needs cutting etc if you want it to look good to sell

unless of course the photo shows not only your garden but that of your neighbors too


OK, I wasn't clear. I went round to the house to cut the grass etc on the day this photo was taken. I took the photo before the grass was cut. The garden on the right is ours and the one on the left is the neighbors.

We no longer live at the property and so yes the garden does get overgrown between visits.
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Re: Neighbour has chopped down hedge

Postby john1802 » Wed Sep 21, 2011 11:07 am

Thanks all for your input.

I think we will wait and see what the outcome is of the neighbor getting someone round to price up the job and to see if anything is actually done. I will take some more photos soon and report back.
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Re: Neighbour has chopped down hedge

Postby despair » Wed Sep 21, 2011 1:15 pm

I suspect the neighbour did not like the loss of light and the effect of the conifers on their conservatory etc

its obvious in your photo that your extention /house casts a huge shadow over most of your garden anyway

I would insist they install a new 2 metre high fence the length of the garden and remove the stumps of the conifers
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Re: Neighbour has chopped down hedge

Postby john1802 » Wed Sep 21, 2011 3:06 pm

despair wrote:I suspect the neighbour did not like the loss of light and the effect of the conifers on their conservatory etc

its obvious in your photo that your extention /house casts a huge shadow over most of your garden anyway

I would insist they install a new 2 metre high fence the length of the garden and remove the stumps of the conifers


It is quite possible that they were chopped down to provide more light to their conservatory. They had that built a couple of years ago. The conifers had been there more than 10 years. The building to the right with the white door is our garage which is not joined to our house and was built at the same time all the houses on the estate were built.
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Re: Neighbour has chopped down hedge

Postby arborlad » Wed Sep 21, 2011 5:32 pm

despair wrote:I suspect the neighbour did not like the loss of light............................I would insist they install a new 2 metre high fence


:roll: :roll: :roll: :roll:
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smile...it confuses people
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Re: Neighbour has chopped down hedge

Postby Mojisola » Wed Sep 21, 2011 6:41 pm

Does their conservatory have glass all the way down the boundary side? It would put me off renting a place if the neighbours were going to be looking out at me every time I went in the garden. I would want a 6' fence down that boundary.
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Re: Neighbour has chopped down hedge

Postby hzatph » Fri Sep 30, 2011 10:13 pm

Focus on what you want - is it to sell the house? If so, a neighbour dispute is the last thing that you need. You may also want that fence to increase the attractiveness of the property. You might want to write a stiff letter to the neighbours warning about interfering with your property.
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Re: Neighbour has chopped down hedge

Postby katee » Sat Oct 01, 2011 12:25 am

hzatph wrote:Focus on what you want - is it to sell the house? If so, a neighbour dispute is the last thing that you need.


I totaly agree with hzatph .

The last thing you need is to get into a dispute at this time.

Surrounding your some-what smaller garden with a 6' plus enclosed fence could, in my opinion, do it no favours.

I would be putting in a temparary boundary marker to give the effect of maximum space and light.

Let the new owners deal with their own fencing decision.

Tidy up, Sell, Move on.
Proper job my bewties................................................. Cheers 'n' gone!
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Re: Neighbour has chopped down hedge

Postby Sudynim » Sat Oct 01, 2011 4:05 pm

katee wrote:
hzatph wrote:Focus on what you want - is it to sell the house? If so, a neighbour dispute is the last thing that you need.


I totaly agree with hzatph .
The last thing you need is to get into a dispute at this time.
Surrounding your some-what smaller garden with a 6' plus enclosed fence could, in my opinion, do it no favours.
I would be putting in a temparary boundary marker to give the effect of maximum space and light.
Let the new owners deal with their own fencing decision.
Tidy up, Sell, Move on.


+1
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Re: Neighbour has chopped down hedge

Postby Mattylad » Sat Oct 01, 2011 4:39 pm

+2
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
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