Boundary hedge hacked by neighbours

Boundary hedge hacked by neighbours

Postby DerekAngel » Fri Mar 30, 2012 3:46 pm

Another varaiation on the boundary hedge issue - I cannot find an exact equivalent so thought I would ask.

The leylandii hedge is 10 - 12 foot high and forms a (pleasing) barrier between us and the neighbours at the front of our properties. It is planted just their side of the boundary (a 3-brick high wall) but overhangs our side by some way. We are fine with this and, as said, it is a good barrier between front of houses. It was in place when we moved in 8 years ago, before the neighbour moved in next door.

About two months ago, our neighbour had someone in with a chainsaw who hacked back their side of the hedge such that the only bits left are the branches which hang over to our side. The damage is so extensive that it is inevitable the leylandii will die. See the 2 pics attached taken a few weeks ago. Die back is already showing in the pic of our side and since taken, the green has largely gone brown and big holes are opening up.
Neighbours.jpg
Neighbours have hacked away their side if the hedge
Neighbours.jpg (242.09 KiB) Viewed 4616 times

Our side.JPG
Our side.JPG (218.29 KiB) Viewed 4616 times

The neighbours have moved out for the whole Summer whilst work is done on their house so we are left with a hideous hedge which is now dying, with big holes opening up and the branches and fronzes (sp??) dying away.

It is visually becoming an eyesore and getting worse day by day. Not only can we now clearly see through (and be seen by) the workmen who are on site all day but at some point their will be large scale collapse leaving no barrier/obscuration.

The boundary is their responsibility and the leylandii are planted their side. However, the cutback done by them has a major affect on us. I advised the neighbour that the cutback will inevitably result in the die back and as the boundary is his responsbility, what steps was he proposing to take to repair/make good the barrier. He has not replied.

Can I not insist he does something or am I going to have to do something myself (as he will not be there for some months yet - he doesn't have to put up with the consequences of his actions). If I do something to re-create the barrier, he then gets the benefit without having to pay a penny.

Any thoughts, suggestions, pointers etc gratefully recieved.

Thanks
DerekAngel
 
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Re: Boundary hedge hacked by neighbours

Postby Treeman » Fri Mar 30, 2012 4:12 pm

The cutting back will not kill the trees, it may be unsightly and there may well be gaps but that’s the scope of the damage.

Your neighbour doesn’t have to “repair/make good the barrier” indeed he is probably under no obligation to keep the hedge at all

You seem to object to providing a barrier at your cost but you have enjoyed his barrier at no cost for many years
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Re: Boundary hedge hacked by neighbours

Postby DerekAngel » Fri Mar 30, 2012 4:27 pm

@Treeman - well I didnt come on here to invite aggressive responses, merely to ask, in what I thought may be a forum of mature and knowledgeable persons, what my position was. You have no idea what my obligations are or how I deliver them to the other boundary, which is my responsibility, so your aggressive tone in respect of paying for a boundary hedge is childishly troll'ish (or do you just graze the internet looking for people to pick an arguement with?).

The boundary hedge was fine, the neighbour has now acted such that the boundary hedge is not fine - what options do I have. It is, I would have thought, a simple enough a question? Unless you have some sensible advice or thoughts, please move along.
Thanks.
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Re: Boundary hedge hacked by neighbours

Postby Treeman » Fri Mar 30, 2012 4:35 pm

DerekAngel wrote:@Treeman - well I didnt come on here to invite aggressive responses, merely to ask, in what I thought may be a forum of mature and knowledgeable persons, what my position was. You have no idea what my obligations are or how I deliver them to the other boundary, which is my responsibility, so your aggressive tone in respect of paying for a boundary hedge is childishly troll'ish (or do you just graze the internet looking for people to pick an arguement with?).

The boundary hedge was fine, the neighbour has now acted such that the boundary hedge is not fine - what options do I have. It is, I would have thought, a simple enough a question? Unless you have some sensible advice or thoughts, please move along.
Thanks.



This is your position and advice (as I said earlier) You seem to have missed it.

Your neighbour doesn’t have to “repair/make good the barrier” indeed he is probably under no obligation to keep the hedge at all


Moving along............
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Re: Boundary hedge hacked by neighbours

Postby DerekAngel » Fri Mar 30, 2012 5:02 pm

Treeman wrote:This is your position and advice (as I said earlier) You seem to have missed it.


So why follow it with a speculative (and insulting) quip about me freeloading? That overshadows anything else you wrote.

Your neighbour doesn’t have to “repair/make good the barrier” indeed he is probably under no obligation to keep the hedge at all


You may be right but I am not so sure of your opinon - it his duty, surely, to maintain the boundary to some sort of agreeable state. Otherwise, what is to stop him errecting some sort of corrugated tin fence covered with graffitti - the local authority would undoubtably step in then so what is the scope of their involvement?

His actions have materially affected the functionality and the look of the boundary hedge with a resulting detrimental affect to our property. I was hoping someone would know if there was some sort of responsibility / duty of care to the neighbourhood / other I could request him to stick to.
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Re: Boundary hedge hacked by neighbours

Postby Treeman » Fri Mar 30, 2012 5:28 pm

DerekAngel wrote:
You may be right but I am not so sure of your opinon - it his duty, surely, to maintain the boundary to some sort of agreeable state. Otherwise, what is to stop him errecting some sort of corrugated tin fence covered with graffitti - the local authority would undoubtably step in then so what is the scope of their involvement?

His actions have materially affected the functionality and the look of the boundary hedge with a resulting detrimental affect to our property. I was hoping someone would know if there was some sort of responsibility / duty of care to the neighbourhood / other I could request him to stick to.




Nope no duty whatsoever, the council won’t stop him unless the fence exceeds the prescribed limits, it can be painted all the colours of the sun if he so chooses. The council have no involvement unless it breaches planning.
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Re: Boundary hedge hacked by neighbours

Postby Geometer » Fri Mar 30, 2012 5:30 pm

DerekAngel wrote:

You may be right

He is.
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Re: Boundary hedge hacked by neighbours

Postby span » Fri Mar 30, 2012 7:26 pm

And if you wanted nasty, aggressive trollish answers you should have waited for me to come along, not blow your top at poor old Treeman who only gave you the unvarnished truth.

You wanted varnish, and you got none.
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Re: Boundary hedge hacked by neighbours

Postby despair » Sat Mar 31, 2012 4:21 pm

I sincrerely doubt the neighbours are going to put up with that hacked back mess for long and will remove the entire hedge

So i would suggest some thoughts are given to a nice planting scheme on your side which will be much less hassle than Leylandi which clearly had been allowed to grow far too wide and out of easy control
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Re: Boundary hedge hacked by neighbours

Postby mr sheen » Sat Mar 31, 2012 9:03 pm

Their hedge, their choice. Overhanging branches on your side can be cut back if you don't want them. If you want hedge that you control you will have to plant one.
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Re: Boundary hedge hacked by neighbours

Postby duggat » Sun Apr 01, 2012 10:26 pm

Sorry DerekAngel but Treeman is right.

We are living with neighbours where one has to be on the ball with every aspect of legal and civil law.

If it is their hedge on their side then they can do what ever they like with it.

What seems neighbourly or unreasonable to good honest people; does not cut unless it falls within the category of legal or civil law.

Just start to plan how you can recover your privacy should their hedge dies.

No one is out to get you on this site but sometimes the truth hurts.

Please don't blame the messenger.
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Re: Boundary hedge hacked by neighbours

Postby appledore » Mon Apr 02, 2012 6:49 pm

I agree with despair. Your neighbours have obviously hacked the hedge back while they have work done. I can't see them living with it in that state so they'll probably remove it all.

You'll then be able to plant a hedge of your choice or erect a fence.
Keep calm and carry on.
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Re: Boundary hedge hacked by neighbours

Postby arborlad » Mon Apr 02, 2012 7:16 pm

Geometer wrote:
DerekAngel wrote:

You may be right

He is.


Seconded.


Of equal concern to what has happened to the hedge above ground, is what will happen in the near future below ground - on both sides of the boundary.

New drive(s) and cable runs seem to be needed - the hedge wont like that either!!
arborlad

smile...it confuses people
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