Scotland high hedge...

Scotland high hedge...

Postby sb1234 » Tue Feb 25, 2014 8:10 pm

:D Hi I have just joined garden Law and was looking for some advice on neighbours Leylandii hedge, I am going to put a complaint into the council when the new Law comes into force in Scotland as the hedge is in the region of 16 foot as I am hoping this will enforce them to lower it to 2m all going well, after getting boundary survey one of the Leylandii tree stumps is mostly on my property, can I remove this Leylandii ...legally ... or even cut away the stump to my boundary ...
What is the Law on planting Leylandii in Scotland so close to the house it is planted just 6 feet away from our house ... Also has anyone experienced a high hedge and made a complaint and won ... I would be very grateful for any feedback as I know England has had a high hedge law enforce for a number of years now and TBH it has been a long time coming in Scotland as I have pleaded with my neighbour to lower the Leylandii hedge to 2m for a number of years now, it has been soul destroying to tell you the truth as all pleas have fallen on deaf ears when I first asked my neighbour to lower her Leylandii hedge with regards to the safety as her Leylandii hedge is right to the road end and her reply was a car would hit my son not her trees, despite the hedge blocking the view from my driveway...when it was asked why the leylandii hedge has got so high she replied if she could not live in the forest then she would bring the forest to her and believe me it is like living next to a mini forest as we have a view of a sea of green to the front of our property, and our back garden is no better as the vast majority of the back garden is constantly shaded. I know this is a English and Welsh forum but I cannot find another garden forum, so I am hoping you guys may be of some help/advice ... Many thanks ... as I am at a loss as what to do so any advice is very much appreciated ... :)
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Re: Scotland high hedge...

Postby COGGY » Tue Feb 25, 2014 8:29 pm

If you google "High Hedge near property + Scotland" you will find plenty of help relevant to Scotland.

Kind regards
Coggy
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Re: Scotland high hedge...

Postby sb1234 » Tue Feb 25, 2014 8:38 pm

Thanks, will do ...
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Re: Scotland high hedge...

Postby MacadamB53 » Tue Feb 25, 2014 9:01 pm

Hi sb1234,

I have pleaded with my neighbour to lower the Leylandii hedge to 2m for a number of years now, it has been soul destroying to tell you the truth as all pleas have fallen on deaf ears

If the Scottish legislation is anything like the E&W version then your council are only likely to step in once all other avenues have been exhausted.

Do you have any evidence of the discussions to date?
Have you tried getting an impartial mediator to oversee a discussion in an attempt to find a solution?

I imagine, from what you have said, that the only solution will be action taken by the council, but in order to demonstrate that you have been as fair and reasonable as possible I think you're going to have to waste your time (so to speak) and try everything.

Have you spoken to your council - they ought to be getting geared up...

All my non-expert, unqualified opinions.

Kind regards, Mac
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Re: Scotland high hedge...

Postby sb1234 » Tue Feb 25, 2014 10:05 pm

Yes letters sent by proof of delivery, mediation to which my neighbour said to them that they were going to lower them so did not see the point of mediation 7 months later still waiting for them to be lowered, even sent photo's of the view we have "none". We cannot even open my youngest son's bedroom window in the summer months due to insect infestation because they hover above the hedge. In all honesty I hope the high hedge law that you have works and I for one cannot wait for it to come in force in April 2014...hopefully then we will be able to enjoy our home/garden. Thank you so much for your reply, may I ask how good this new Law works for hedge victims in England/Wales... thanks :) I have wrote to my local council and they said they will be in touch with me in April so fingers crossed my nightmare will be ending soon, all I want is to enjoy my home...Why do people do this a hedge at 2m will offer them the same privacy as they live in a bungalow...just beggars believe at just how much a high hedge can lower your spirits and take away enjoyment of your home/garden. I hope you got your neighbours hedge lowered with this Law. I would not wish this on my worst enemy...and I am at a lost as why someone would do this as I personally would have to act if I thought I was causing such misery to someone...and was able to something so simple as to lower my hedge to 2m...why would anyone want a Leylandii hedge in the region of 16-25 feet is totally beyond me TBH...
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Re: Scotland high hedge...

Postby MacadamB53 » Tue Feb 25, 2014 11:04 pm

Hi sb1234,

We cannot even open my youngest son's bedroom window in the summer months due to insect infestation because they hover above the hedge.

I don't mean to suggest you've not got an issue in any way, because you obviously have, but if the hedge hasn't passed your upstairs windows...

Next-door-but-one from me have a single Leylandii tree growing in their front garden between their house and my immediate neighbour's house (no more than 3 metres away from both) and it is approximately 8 metres tall and another one further along the boundary in the back garden (no more than 8 metres away from both houses) which is about 6 metres tall.

The owners are very pleasant and lovely people. Unfortunately, though, they have two adult sons living with them who have occupied their front drive with cars and vans (all of which are under tarpaulins - wannabe mechanics), making it an impossible task to get someone in to fell them.

I have no idea how it came to be like this, but imagine that after only a few years neglect the job of getting it sorted was too much to face and so they let it slide further.

Your neighbour's comments about bringing the forest to her, etc. are probably just her attempts to deflect the issue, and she simply didn't keep on top of things and now doesn't want to admit it to someone who is making her look silly. I imagine she has falsely accused you of being a bully?

Kind regards, Mac
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Re: Scotland high hedge...

Postby sb1234 » Tue Feb 25, 2014 11:52 pm

No quite the opposite in fact, I am the 11th owner of my house which is only 22 years old we did not know this at the time and would never have bought the property. My neighbour has fallen out with everyone on the estate with the exception of one house hold there is a total of 22 houses on the estate, she has two daughters that she has no contact with now and was not granted custody of her family neither is she in contact with any other family members, whether you believe this or not it is up to you she is known as being very hostile and is known to the police as she pushed a child from their bike, as for being classed as a bully think not for one if I were to be reported to the police for any misgiving I would lose my job as I work with young offenders, my husband's family are all in the police force my son is studying criminal defence and criminology as he wishes to follow his grandfather's and Uncle's career all I wanted from this forum is some advice and information about the high hedge act and how it has worked in other parts of the UK. I am not bringing the woman down in any way but she is extremely unsocial and so is her behaviour. What I am led to believe this is quite common with people who surround themselves with trees and generally shut themselves from the outside world and their family...she actually said to mediation that were the best neighbours she has ever had...but not any longer...Trust me you could never imagine what we go through because of her and I only hope you never suffer at the hands of someone like my neighbour. I thought I would get some useful info on this forum that is all, and I feel I do have a problem as she has her trees right up to the boundary and the branches inches away from down stair window's ... did I say it is meant to be an open plan estate but will cost us a fortune to take legal action that is the main reason I wondered if the law about high hedges has worked for England/Wales :roll: as for your comment on my neighbour that she was probably attempting to deflect the issue no she was not attempting to deflate the issue as I said to her you are joking and she replied no I'm deadly serious much to my horror... :shock:
Last edited by sb1234 on Wed Feb 26, 2014 12:12 am, edited 2 times in total.
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Re: Scotland high hedge...

Postby MacadamB53 » Wed Feb 26, 2014 12:02 am

Hi sb1234,

I think you may have misunderstood my last post. I was not accusing you of being a bully at all. I was suggesting you live next door to a headache who might make false accusations.

I don't know if you already know this, but you are perfectly within your rights to cut the hedge back to the limits of your property.

Kind regards and all the best come April, Mac
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Re: Scotland high hedge...

Postby sb1234 » Wed Feb 26, 2014 12:10 am

MacadamB53 wrote:Hi sb1234,

I think you may have misunderstood my last post. I was not accusing you of being a bully at all. I was suggesting you live next door to a headache who might make false accusations.

I don't know if you already know this, but you are perfectly within your rights to cut the hedge back to the limits of your property.

Kind regards and all the best come April, Mac


Thank you and I think I may have misunderstood you, sorry about that. I have been advised on this by our lawyer and will be doing this once the council comes out and see just how little my neighbour does to maintain both the height and density her hedge has got too and the general enjoyment she is taking from us through her IMO selfish behaviour...my neighbour has 27 ever green Leylandii/fir in her front garden, something one would not expect to be planted in the front of one's property...
Thanks sb1234
Last edited by sb1234 on Wed Feb 26, 2014 12:20 am, edited 1 time in total.
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Re: Scotland high hedge...

Postby MacadamB53 » Wed Feb 26, 2014 12:16 am

Hi sb1234,

No worries, I can appreciate how my message wasn't clear.

I can empathise with you and what you have to put up with and you've not long to wait until the council lurch into action and the matter should get resolved.
Does your neighbour know about the imminent legislation?

Kind regards, Mac
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Re: Scotland high hedge...

Postby sb1234 » Wed Feb 26, 2014 12:24 am

Yes we sent her the Scotland high act 2013, in September 2013 and explained in the letter this will come in force in April 2014. We even suggested that we would get the work done as to lowering the height to 2m just in case monies was an issue...
Last edited by sb1234 on Wed Feb 26, 2014 12:28 am, edited 1 time in total.
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Re: Scotland high hedge...

Postby MacadamB53 » Wed Feb 26, 2014 12:26 am

Hi sb1234,

Roll on April then is all I can say...

Kind regards, Mac
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Re: Scotland high hedge...

Postby sb1234 » Wed Feb 26, 2014 12:29 am

Thank you so much, may I ask if the high hedge act has worked in England...
sb1234
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Re: Scotland high hedge...

Postby MacadamB53 » Wed Feb 26, 2014 12:32 am

Hi sb1234,

I wouldn't know - how would that be decided?

Kind regards, Mac
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Re: Scotland high hedge...

Postby sb1234 » Wed Feb 26, 2014 12:39 am

If the act has had a success rate where reasonable enjoyment is taken from the household making the complaint...as it is looking like we will need to pay our local council in the region between £350-£500 and naturally this is a lot of money for us to lose...this is all new to us in Scotland at how exactly the high act works and if it benefits people suffering from a neighbours evergreen high Leylandii hedge...natural light loss etc
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