Scotland high hedge...

Re: Scotland high hedge...

Postby arborlad » Wed Feb 26, 2014 1:23 am

arborlad

smile...it confuses people
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Re: Scotland high hedge...

Postby sb1234 » Wed Feb 26, 2014 2:05 am

arborlad wrote:More here: viewtopic.php?f=2&t=7333

Thank you so much this is exactly what I have been looking for...makes very interesting reading, this may sound bad but it was good to know that I am not alone in this plight, never in my wildest dreams did I think at just how much this goes on at the hands of high hedge owners...really shocking. I will be getting in touch with scothedge for further advice. A big thank you to all who replied with advice given...very much appreciated and I am truly thankful :D
sb1234
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Re: Scotland high hedge...

Postby Treeman » Wed Feb 26, 2014 9:14 am

You need to get your thinking away from this 2m idea or you may well be disappointed

In England an action height is decided upon and that can be a lot more than 2m.
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Re: Scotland high hedge...

Postby COGGY » Wed Feb 26, 2014 12:16 pm

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Re: Scotland high hedge...

Postby sb1234 » Wed Feb 26, 2014 3:17 pm

COGGY wrote:You may find the following interesting.

http://www.bbc.co.uk/news/uk-england-devon-11211538
or
http://www.dailymail.co.uk/news/article ... trees.html

Kind regards
Coggy


That is exactly what I am going to end up with and when describing this man it was like describing my neighbour, very interesting viewing...
Thanks
sb1234
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Re: Scotland high hedge...

Postby sb1234 » Wed Feb 26, 2014 5:09 pm

Treeman wrote:You need to get your thinking away from this 2m idea or you may well be disappointed

In England an action height is decided upon and that can be a lot more than 2m.

What about at the front of the property and right to the road end as where I live is meant to be a open plan estate, I have been advised that I could get them removed via court action because her garden is breaking the title deeds but this would cause us a great deal of money and money TBH we do not have thousands, as taking someone through civil court seeking enforcement could costs us thousands and am living in hope that because the hedge is at the front of the property right to the road end as we have no footpath the council will go in our favour and ask my neighbour to lower them to 2m, but would still be delighted if they were lowered to 3m.
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Re: Scotland high hedge...

Postby Treeman » Wed Feb 26, 2014 9:30 pm

sb1234 wrote:
Treeman wrote:You need to get your thinking away from this 2m idea or you may well be disappointed

In England an action height is decided upon and that can be a lot more than 2m.

What about at the front of the property and right to the road end as where I live is meant to be a open plan estate, I have been advised that I could get them removed via court action because her garden is breaking the title deeds but this would cause us a great deal of money and money TBH we do not have thousands, as taking someone through civil court seeking enforcement could costs us thousands and am living in hope that because the hedge is at the front of the property right to the road end as we have no footpath the council will go in our favour and ask my neighbour to lower them to 2m, but would still be delighted if they were lowered to 3m.


Clutching at straws springs to mind. What you have is in likelihood a restrictive covenant made by the builder to keep the place looking uniform and tidy while he sold them all.

Good luck enforcing that at any cost.
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Re: Scotland high hedge...

Postby sb1234 » Wed Feb 26, 2014 10:11 pm

Treeman wrote:
sb1234 wrote:
Treeman wrote:
Clutching at straws springs to mind. What you have is in likelihood a restrictive covenant made by the builder to keep the place looking uniform and tidy while he sold them all.

Good luck enforcing that at any cost.

Yes you are right and it such a shame that someone can makes some ones life a complete misery as we are clutching at straws, looks like we will either rent our home out or bite the bullet and go part exchange with persimmon homes as they are building in the area, but who knows maybe this new Law in Scotland the high hedge act will come good for us ...
Thanks anyway treeman for the advice and the reality I need to face, sad as it is other neighbours have asked us not to move but cannot continue to live in a home that my neighbour's hedge is devaluing as she is just going to keep her hedge growing... :( as apart from that I love my home and have done a lot of work on it ....
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Re: Scotland high hedge...

Postby TO » Mon Mar 10, 2014 3:29 pm

Well the time is nigh. The High Hedges (Scotland) Act 2013 (Commencement) Order 2014 brings the Scottish High Hedge Act into force as from 1 April 2014
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Re: Scotland high hedge...

Postby MacadamB53 » Mon Mar 10, 2014 3:41 pm

TO wrote:Well the time is nigh. The High Hedges (Scotland) Act 2013 (Commencement) Order 2014 brings the Scottish High Hedge Act into force as from 1 April 2014

That's crying out for an "April Fools" pun.
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Re: Scotland high hedge...

Postby sb1234 » Tue Mar 11, 2014 10:46 pm

MacadamB53 wrote:
TO wrote:Well the time is nigh. The High Hedges (Scotland) Act 2013 (Commencement) Order 2014 brings the Scottish High Hedge Act into force as from 1 April 2014

That's crying out for an "April Fools" pun.

I thought that April fools day :lol:, anyway sent letter to council for some advice and was advised to send neighbour final letter telling them that if nothing was done about lowering the hedge I would be left with no option but to make a formal complaint to council, sent letter special delivery they received it on Saturday the 8th March not holding out much hope of a reply in 14 days as I had to say 14 days in letter sent according to the council the reason not expecting a reply is I have been asking for them to be lowered since 2007 and all letters and offers of mediation have been ignored or simply declined, I just asked them in the letter what impact lowering the hedge would have on them and that I feel a 2m hedge is more than adequate for privacy if that is the reason for a high hedge and the height it has been left to grow to as they would get the same privacy from a 2m hedge as they live in a single storey house and since their hedge is in the region of 16- 20 feet maybe higher in some area's as two of the Leylandii is first floor window height to the front of my property I feel this is far to high for the front of one's property, so we will just have to wait and see, wish me luck :wink: wish I was not in this situation :(
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Re: Scotland high hedge...

Postby arborlad » Wed Mar 12, 2014 8:30 am

sb1234 wrote: I feel a 2m hedge is more than adequate for privacy if that is the reason for a high hedge and the height it has been left to grow to as they would get the same privacy from a 2m hedge as they live in a single storey house and since their hedge is in the region of 16- 20 feet maybe higher............



Try not to be too fixated on the 2 metre figure, unless things are radically different North of the border, whatever authority has the power of enforcement, they wont have the power to order the destruction of the hedge. 1/3rd is generally accepted as the maximum amount a conifer hedge can be reduced by without having a detrimental effect on the hedge. 16-20feet is likely to end up as 11-13feet, a lot less, but not the 2metre you desire. There are a lot of variables that will have to be considered.
arborlad

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Re: Scotland high hedge...

Postby sb1234 » Sat Mar 15, 2014 6:31 pm

Shock neighbour lowered height of hedge to both front and back of property to 7 feet at front and 10 feet at back on Thursday, Today received a letter from her lawyer stating that they have been instructed by "neighbours name " in connection with your dispute regarding boundary hedges/trees. We shall be obliged if you will note our interest in this matter and ensure that all correspondence is sent to us and not our client. Yours faithfully " lawyers name" Any advice at what to do now as I honestly do not think she has told her lawyer everything with regards to things example that she made claim to our land or just how high her hedge was, also it was the council who told us we had to write to her with regards to warn her of our intentions reporting her to the council under the new high hedge law. Should I ignore this lawyers letter or should I seek advice :?:
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Re: Scotland high hedge...

Postby Treeman » Sat Mar 15, 2014 7:26 pm

sb1234 wrote:Shock neighbour lowered height of hedge to both front and back of property to 7 feet at front and 10 feet at back on Thursday, Today received a letter from her lawyer stating that they have been instructed by "neighbours name " in connection with your dispute regarding boundary hedges/trees. We shall be obliged if you will note our interest in this matter and ensure that all correspondence is sent to us and not our client. Yours faithfully " lawyers name" Any advice at what to do now as I honestly do not think she has told her lawyer everything with regards to things example that she made claim to our land or just how high her hedge was, also it was the council who told us we had to write to her with regards to warn her of our intentions reporting her to the council under the new high hedge law. Should I ignore this lawyers letter or should I seek advice :?:



Why does it matter what they have told the lawyer?

Any history and how high the hedge was is completely irrelevant to any claim under the HH legislation. The only thing that matters is how high the hedge is now and the height you describe is unlikely to get an action under the HH legislation.

You have what you wanted and don't have to go to the expense of the HH legislation.

Smile and get on with your life.
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Re: Scotland high hedge...

Postby sb1234 » Sat Mar 15, 2014 10:39 pm

I will and hopefully will be enjoying a sunny garden soon something her hedge took away Mr Sunshine ... :mrgreen: I just wondered if I need to reply to her lawyers letter or not....if not more monies saved....all good :D
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