Hedges

Hedges

Postby Pejoga » Sun Apr 01, 2012 12:41 pm

My neighbour has distroyed my hedge. he has cut his side so much that it is now going to topple into my garden and may even pull the wall over. this must be criminal damage. Just to say I have had the hedge trimmed before by a professional last year but he wanted it done again this year. I agreed he could do his side himself within reason and he has mullered it. can i insist he make it safe at his expense
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Re: Hedges

Postby despair » Sun Apr 01, 2012 12:53 pm

Unless your neighbour has cut back beyond the boundary theres nothing you can do

i am at a loss to see why it would topple over or damage a brick wall unless it had been allowed to grow excessively wide or tall
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Re: Hedges

Postby Geometer » Sun Apr 01, 2012 1:00 pm

Some more information would be appreciated. What species make up the hedge? In what way, exactly, does it relate to the wall you mention?

Depending on the species involved, cutting a hedge back severely is not necessarily going to kill it, nor is it necessarily going to unbalance it to the point of falling over. Generally speaking, your neighbour is entitled to cut back any branches or foliage that overhang his property, but only to the boundary line, and no further. Has he exceeded this?

A photo would help make things clearer, I think.
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Re: Hedges

Postby Pejoga » Sun Apr 01, 2012 1:48 pm

The hedge has been there since the house was built.Circa 1910 it over laps a wall approx 5 ft tall and the 12 ft tall it was pretty well maintained any way.I have just realised its not even ajoined to his property and over hangs a car park that he has decided to tidy up
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Re: Hedges

Postby Pejoga » Sun Apr 01, 2012 1:57 pm

Cant seem to upload photo
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Re: Hedges

Postby mr sheen » Sun Apr 01, 2012 5:19 pm

Wherever your foliage grows outside your boundary, you leave this open to attack by rusty chainsaw weilding neighbours with no responsibility for how the plant looks, they can hack away right up to the boundary and leave bare unsightly bushes with nothing you can do about it.

In your case you also granted permission and therefore there cannot be any criminal damage even if he did encroach beyond the boundary since 'you can cut back 'within reason' ' is not a recognised legal term neither is it a position marked on the ground and therefore what he cut back as far as he was concerned was 'within reason'.

The only way to keep full control of the trimming of your own trees and hedges if to keep them within your own boundary.
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Re: Hedges

Postby Alan Harris » Mon Apr 02, 2012 9:42 am

My understanding of the position is that you are permitted to cut back a hedge or a tree on the boundary up to the boundary line provided that the work does not threaten to kill the hedge or tree. I can't quite envisage how cutting the "canopy" of the hedge threatens it unless it is very heavy on your side of it. In that case you need a tree surgeon/arboricultural professional to advise you and if necessary to trim your side to give it balance. I also can't see how a hedge would threaten a wall (if the wall is sound and properly maintained). It sounds to me as if the hedge is in fact well manicured but may not be well maintained. Plants go through growth stages where after a while more radical pruning may be advisable to keep it in balance with its surroundings and safe from wind loadings etc.
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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