Neighbour cutting down our hedge on our side

Neighbour cutting down our hedge on our side

Postby Greenshuck » Thu Sep 06, 2012 4:49 pm

Hi,

Returned home from work yesterday to find that next door had hacked down one side of our jasmine, leaving a once-spherical bush a half-sphere. They hadn't kept to just the overhang on their side, but had reached over our fence to cut the branches off from our side.

The bush now has no support from the lattice fence and leans well over into our garden, so we have lost the use of a section of our garden. I daren't trim it our side as the shock may kill it.

This bush is named in the arboreal survey we had done when buying our house, so there is no question about its ownership.

They have also damaged the fence.

I'd like to know if we have a case against them, maybe at Small Claims Court, for damage to the bush, fence and associated trespass.
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Re: Neighbour cutting down our hedge on our side

Postby mugwump » Thu Sep 06, 2012 6:23 pm

Are you sure that they cut on your side? From your description it sounds as though they may have trimmed tightly to the lattice fence on their side and, as it was no longer entangled with the lattice, now leans into your side.

Who has responsibility for the fence? If the neighbour then you should not rely on it to support your plants.
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Re: Neighbour cutting down our hedge on our side

Postby Greenshuck » Thu Sep 06, 2012 7:01 pm

The fence is definitely ours, it is our side of a foot-high boundary wall. They have actually reached right over the boundary wall and the fence to cut. There is now a gap between the fence and bush. It is now too far from the fence for me to attach the branch stumps to it with garden twine.

I would have been happy for them to cut tightly up to the fence, even though technically that would be over our half of the boundary wall.
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Re: Neighbour cutting down our hedge on our side

Postby Clifford Pope » Tue Sep 11, 2012 10:27 am

Greenshuck wrote: It is now too far from the fence for me to attach the branch stumps to it with garden twine.




How long is a piece of string?
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Re: Neighbour cutting down our hedge on our side

Postby catapult1 » Wed Oct 10, 2012 9:26 am

Clifford Pope wrote:
Greenshuck wrote: It is now too far from the fence for me to attach the branch stumps to it with garden twine.




How long is a piece of string?



Too long to tie a bush up with!!
My answers are not of a legal nature, only what I consider to be common sense.
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Re: Neighbour cutting down our hedge on our side

Postby RDF Jess » Fri May 29, 2015 12:26 pm

Hi, my name is Jess and I’m a Researcher at RDF Television.

I’m currently working on a new documentary for ITV exploring a variety of issues people can face in their garden and or around their home including boundary disputes, nuisances next door, infestations, pests and weeds, sinkholes, erosion and flooding.

It would be great to have a chat with you and tell you more about the programme.

If you’re interested in finding out more please call Jess on 0207 013 4076.
RDF Jess
 
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