Neighbour Crossed Road and Cut My Hedge??

Neighbour Crossed Road and Cut My Hedge??

Postby screig » Mon Jun 23, 2014 5:40 pm

Hi

The person who lives opposite my house has come on to the narrow public road that separates my front garden from his and taken it upon himself to cut my hedge which was very slightly overhanding in to the road (say 30cm). He then left all the waste in my garden.

The height of this hedge is about 2 or 3m (it varies), the road is say 5m wide with no pavements. His front garden is very small say 4m by 4m. So the distance to the hedge is about 9m(~?) from his front window.

Anyway I came out and made it clear that I did not want him to cut my hedge, (he had a ladder and strimmer with him and was about to take the top off). He was not apologetic in this least and went on to claim that the hedge was blocking the light to his front room and that he was entitled to a view of the field (through my garden, i.e. pass the hedge). He then went on to say that if was not cut "I'll have a problem", this was not said in the most friendly way.

I want to have some privacy in my front garden, as my back garden is very small. My front garden is quite long say 30m, I was planning on letting the hedge grow to 3.5m and putting up some say cherry tress (a bit back from the road) to give us some privacy.

Can I get some advice.
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby span » Mon Jun 23, 2014 7:28 pm

Tell him your problem won't be half as bad as his problems, if he doesn't leave your property alone.

Also, tell him he has no "right" to a view".

Also also, right to light is a tricky one. Tell him to prove his claim.

3rd also, if you're feeling like it and I certainly would be though that's me, those trimmings he left in your garden could easily be chucked into his. He seemed to want them badly enough as to cross a road and go at a neighbours hedge. Let him have them.
span
 
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby MacadamB53 » Mon Jun 23, 2014 9:25 pm

Hi screig,

he crossed the line when he dumped the cuttings and if he lopped the top beyond the line of trunks.

otherwise everyone has a right to cut the overhang over a public footpath or road.

hand him a copy of the 'high hedges' legislation out of courtesy and assure him you will do all that is expected of you to be lawful, otherwise you would like to be left to enjoy the property you own as you see fit.

All my non-expert, unqualified understanding.

Kind regards, Mac
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby jonahinoz » Tue Jun 24, 2014 6:41 am

otherwise everyone has a right to cut the overhang over a public footpath or road.

Hi Mac,

Is that correct? Not challenging you, I'd just like to know. I am aware that the councils can get po-faced if you take it upon yourself to mow the grass verge - not quite "like with like" but it could be. (My SWMBO was once shouted at to "Get out of the F-ing way!" by a cyclist in a hurry. She was reluctant to jump into the long grass).

John W
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby screig » Tue Jun 24, 2014 3:45 pm

Hi

Thanks for the replies, I looked at the high hedges legislation and seems to be focused on reaching a middle ground. This seems like a sensible approach for a document like this. However I feel in this case it would not be helpful, I think my neighbor has no rights what so ever. If I made an analogy, it's like my neighbor saying he owns my car, the "high hedges" pamphlet seems to suggest that we should meet half way, i.e. ok we can agree I will keep half my car.

I forgot to mention that he painted the fence that sits within this hedge earlier in the year and I did not say anything. He seems to be getting comfortable doing what he wants with this boundary (between my garden and the public road).

Can anybody suggest a non threatening way to make clear that this is not his property and he cannot touch it. Should I replace the post and rail fence, with 2m high fence panels? CCTV?

Thanks
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby despair » Tue Jun 24, 2014 4:53 pm

I am afraid your neighbour is quite simply a bully

i think i would be inclined vto think laterally and say fine you cut my hedge
your paint my fence

i will simply put in a taller fence or hedge behind

theres more than 1 way to skin a cat !!!
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby screig » Tue Jun 24, 2014 5:44 pm

I think you are right, I may plant some small trees 2/3 m back from the hedge.
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby span » Tue Jun 24, 2014 7:05 pm

{lay him at his own game. Nip over the road and paint his fence. Give his hedge a quick trim, too. Pop in and mow his lawn for him - but only half of it, mind. Do a bit of weeding whilst you're at it. When he askes what sort of insanity is afflicting you, tell him it's the same sort that he suffers from.
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby span » Tue Jun 24, 2014 7:05 pm

Play him at his own game. Nip over the road and paint his fence. Give his hedge a quick trim, too. Pop in and mow his lawn for him - but only half of it, mind. Do a bit of weeding whilst you're at it. When he askes what sort of insanity is afflicting you, tell him it's the same sort that he suffers from.
span
 
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby MacadamB53 » Tue Jun 24, 2014 7:59 pm

Hi screig,

he painted the fence that sits within this hedge earlier in the year and I did not say anything

whilst this might seem connected you did nothing so it must be forgotten.

did he cut any part of the hedge beyond the trunk line?

I suggested you hand him a copy of the 'high hedge' legislation because he might then get the picture...

a non-threatening way of helping understand what his rights are is to send him a card with a well-worded message inside that sets out the legalities and encourages him to seek proper advice before doing anything else which might land him in trouble.

Kind regards, Mac
PS is it definitely a public road?
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby screig » Wed Jun 25, 2014 10:02 am

test
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby arborlad » Wed Jun 25, 2014 10:40 am

screig wrote:
The height of this hedge is about 2 or 3m (it varies)So the distance to the hedge is about 9m(~?) from his front window.
.


So the hedge is around 10ft high and about 30ft from his window, this will be making quite an impact on his property.

Neither privacy or views are available as of right, but they are both desirable to varying degrees.

Go and have a chat with the neighbour, don't wait for another another situation to develop, make a point of specifically talking to him about a compromise - there will be one.

There is at least one member who has responded and would be giving an entirely different answer if your neighbour had been posting!!
arborlad

smile...it confuses people
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby Rosenberg » Wed Jul 02, 2014 8:52 pm

screig wrote:The height of this hedge is about 2 or 3m (it varies), the road is say 5m wide with no pavements. His front garden is very small say 4m by 4m. So the distance to the hedge is about 9m(~?) from his front window.

That's an elevation above eye line of somewhere between 0 and 8 degrees. I can't see how anyone could regard that as being problematic. I think your neighbour is being unreasonable; and from what you have said, he certainly has no right to interfere with your hedge.

As arborlad says, privacy is not a right, but having a 3m hedge on your own property is (under most circumstances). If you can find a compromise that you are happy with, then fine, but don't let your neighbour bully or intimidate you into accepting his wishes. It is your property after all. CCTV and an injunction may provide a solution if you feel your neighbour is being unreasonable.
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby MacadamB53 » Thu Jul 03, 2014 8:16 am

Hi screig,

did he cut any part of the hedge beyond the trunk line?

is it definitely a public road?

Kind regards, Mac
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Re: Neighbour Crossed Road and Cut My Hedge??

Postby Rosenberg » Thu Jul 03, 2014 2:06 pm

MacadamB53 wrote:did he cut any part of the hedge beyond the trunk line?

Are you thinking the trunk line represents the boundary, Mac?
As I understand it there is also a fence, so I guess the trunk line is some way inside the boundary.
If he had cut past the trunk line then surely the hedge would be no more; it would have ceased to be; it would have expired and gone to meet its maker ... it would be an ex-hedge.
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