hedge trimming problem

hedge trimming problem

Postby Glassman1964 » Sun Sep 30, 2012 11:38 am

Hi all.
I have a neighbour who has a privet hedge planted in her garden right up to my boundary, and as my garden is 2ft higher than her garden, her gardener comes around to my side to reach the top of the hedge to cut it, he also cuts the side facing me.
The problem is he has trodden down any plants in my garden to get access to to cut the hedge, and he also leaves all the cuttings on my garden and path.
I am getting a little fed up with having to clear and dispose of the clippings, and the damage to my plants.
But as i don't really want to have to start cutting a hedge that i don't own, i am quite happy to allow access, and to suffer the plant damage, but i think i am right to give the clippings back to the neighbour as i cannot dispose of them anyway.
So if i gather up the waste and bag it up properly and place it on the neighbours land (without trespass) is this acceptable by law?
Many Thanks Geoff.
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Re: hedge trimming problem

Postby despair » Sun Sep 30, 2012 12:49 pm

Its more than acceptable as far as i am concerned

I suggest though next time the gardener wants access you insist that he does not damage your plants
That he clears away the trimmings and preferably cuts the hedge back furthur than the boundary so that it all causes less of a problem because he would have a clear strip to walk along
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Re: hedge trimming problem

Postby Glassman1964 » Sun Sep 30, 2012 1:05 pm

Hi Despair.
Thanks for the helpfull reply, unfortunately the hedge cannot be cut back as the roots are right up to the boundary, really the hedge should have been planted with enough room for trimming without coming onto my land, but i suspect it has been like this for many years before i bought the house.
As i have no hedges, i don't want to stop access as then i would have to buy cutting equipment to cut the hedge, and i think by law, i would still have to give the cuttings back to the neighbour.
I did offer that if the neighbour removed the privet, i would finance the installation of a wooden fence, but this was rejected many years ago, so i think i will give the clippings back, in a proper manner and see what develops from there, and i will ask the gardener to clear it up the next time.
It is always difficult when we are not on talking terms with the neighbour.
Once again many thanks.
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Re: hedge trimming problem

Postby cloudyeyes » Sun Sep 30, 2012 1:09 pm

It's not clear-cut and is often debated here. You must offer the clippings to the owner. You could claim that putting them on their property without trespass is offering them back. However, they don't have to accept them so they might put them back on your property and a war starts.

The best way forward would be to talk to your neighbour, explain that you're happy for the gardener to cut the hedge but that he has to take care not to damage your planst and clear up after himself. Presumably you get some benefit from the hedge in terms of privacy/screening/security so it might help if you can offer a concession such as doing some of the cutting/cleaning up/pay a little towards the cost? It might help to keep relations on good terms.
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Re: hedge trimming problem

Postby arborlad » Sun Sep 30, 2012 5:06 pm

despair wrote:................... cuts the hedge back furthur than the boundary so that it all causes less of a problem because he would have a clear strip to walk along


:roll: :roll:
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Re: hedge trimming problem

Postby Glassman1964 » Sun Sep 30, 2012 6:02 pm

cloudyeyes wrote:It's not clear-cut and is often debated here. You must offer the clippings to the owner. You could claim that putting them on their property without trespass is offering them back. However, they don't have to accept them so they might put them back on your property and a war starts.

The best way forward would be to talk to your neighbour, explain that you're happy for the gardener to cut the hedge but that he has to take care not to damage your planst and clear up after himself. Presumably you get some benefit from the hedge in terms of privacy/screening/security so it might help if you can offer a concession such as doing some of the cutting/cleaning up/pay a little towards the cost? It might help to keep relations on good terms.

Hi. No chance of talking this one out i am afraid, we stopped talking long since due to the neighbour trying to walk all over us and do exactly as she pleased, trespass etc, so that won't happen.
I am happy to just bag up the clippings and place them on her land, i will talk to her gardener and see if we can improve the situation, if indeed she does return the clippings then as you say war will start, but as long as i am within the law, i don't mind.
many Thanks.
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Re: hedge trimming problem

Postby Mojisola » Sun Sep 30, 2012 6:06 pm

Doesn't your council have a green waste collection from the house?
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Re: hedge trimming problem

Postby appledore » Sun Sep 30, 2012 6:30 pm

Your neighbour should really ask if his gardener can come into your garden to cut the hedge, and it should be at your convenience. If you're not on speaking terms with your neighbour then I'd have words with the gardener and ask him to be careful. You shouldn't have to put up with him damaging your plants, and he shouldn't be leaving a mess for you to clear up. How high is the hedge?

We always offer to cut the other side of our hedges. One neighbour won't let us go round into her garden, another neighbour does allow us to go into her garden, we're not really on speaking terms so we get told 'I hope you're going to clean up afterwards'. We've never left a mess.
Keep calm and carry on.
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Re: hedge trimming problem

Postby arborlad » Sun Sep 30, 2012 6:46 pm

Glassman1964 wrote: i will talk to her gardener and see if we can improve the situation, .


..........that plus the offer of a cuppa will often work wonders :)
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Re: hedge trimming problem

Postby Glassman1964 » Sun Sep 30, 2012 9:17 pm

arborlad wrote:
Glassman1964 wrote: i will talk to her gardener and see if we can improve the situation, .


..........that plus the offer of a cuppa will often work wonders :)

Her gardener is not a bad chap, quite chatty, and yes i do make him a cuppa as the neighbour is too tight to make him a brew, but she has specifically told him not to remove the clippings, and she watches to make sure he doesn't, so i can't blame him, the hedge is about 5ft high on my side 7ft on her side, which is not a problem for me, i just hate coming home to walked on plants and clippings all over the garden and the path, i think it is common courtesy to clean it up, especially as i have allowed them onto my land for their convienience to get to the top of the hedge to cut it.
Anyway the clippings are going back tomorrow, properly bagged up, and we will see what happens next :shock:
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Re: hedge trimming problem

Postby cloudyeyes » Sun Sep 30, 2012 9:28 pm

Cut the hedge right back to the boundary and install a 6 foot fence on your land abutting the boundary. That will stop any further pettiness over clippings and any need to enter your land.
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Re: hedge trimming problem

Postby despair » Sun Sep 30, 2012 11:53 pm

Since the neighbour insists and even watches that her gardener does not clear up the trimmings the neighbour clearly is determined to cause trouble

seems to me that a fence installed by the OP tight up to the hedge is best way to stop the problem
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Re: hedge trimming problem

Postby arborlad » Mon Oct 01, 2012 12:12 am

Glassman1964 wrote: So if i gather up the waste and bag it up properly and place it on the neighbours land (without trespass) is this acceptable by law?.


No, that would be a trespass. You don't have to set foot on their land for there to be a trespass - placing a bag there without their consent is sufficient.

Don't be misled by despair!
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Re: hedge trimming problem

Postby Glassman1964 » Mon Oct 01, 2012 7:57 am

despair wrote:Since the neighbour insists and even watches that her gardener does not clear up the trimmings the neighbour clearly is determined to cause trouble

seems to me that a fence installed by the OP tight up to the hedge is best way to stop the problem

I dont think this would serve any purpose at all, in fact i think this would aggrevate the problem, as them the hedge cannot be cut, and surely it will grow and damage the fence, anyway the hedge is perfectly fine as long as it is trimmed properly
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Re: hedge trimming problem

Postby Glassman1964 » Mon Oct 01, 2012 8:09 am

arborlad wrote:
Glassman1964 wrote: So if i gather up the waste and bag it up properly and place it on the neighbours land (without trespass) is this acceptable by law?.


No, that would be a trespass. You don't have to set foot on their land for there to be a trespass - placing a bag there without their consent is sufficient.

Don't be misled by despair!


Ok, so if by law i have to return the clippings to the owner, how do i do it without it being trespass? If i try to talk to the neighbour by knocking on the door, then i would think that could be taken as trespass, and also bear in mind that the neighbour is encouraging her gardener to trespass on my land to cut the hedge in the first place, and leave the clippings.
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