Whose hedge?Whose responsibility?

Whose hedge?Whose responsibility?

Postby Gardengal » Mon Jul 14, 2014 8:21 am

Hi everyone

We moved into our house many years ago. It is bounded by a stone wall along the road, north and south walls, both mentioned for their need both for planting and maintaining and an unspecified west boundary bounded by an elderly privet hedge, the east facing side has been rescued and maintained by us. Until about ten years ago the other side of this hedge was meadow supporting horses who nibbled the hedge into shape. The horses are now gone and the hedge is long on the other side. Recently some new dwellings were built behind the hedge and one family have employed a gardener to trim the hedge which seems to amount to snatching at it. The snatching completed he has thrown the 'trimmings', sometimes amounting to small bushes, into our garden. What to do?
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Re: Whose hedge?Whose responsibility?

Postby MacadamB53 » Mon Jul 14, 2014 8:41 am

Hi Gardengal,

What to do?

have a word with his employer and advise their gardener's actions are unlawful.

even if you owned the hedge they only have a right to abate a trespass (trim any overhang).
they do not have a right to cause a trespass (throw/put things on somebody else's property).
after taking possession of some of the hedge they should take reasonable steps to reunite it with its owner.
if that's you then they should be asking you if you want the arisings...

Kind regards, Mac
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Re: Whose hedge?Whose responsibility?

Postby Gardengal » Mon Jul 14, 2014 8:59 am

Thanks for that, Mac, sounds a plan!
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Re: Whose hedge?Whose responsibility?

Postby arborlad » Mon Jul 14, 2014 9:23 am

Gardengal wrote: Recently some new dwellings were built behind the hedge............ What to do?



How many new dwellings?...........this has the potential to cause much greater problems.
arborlad

smile...it confuses people
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Re: Whose hedge?Whose responsibility?

Postby jonahinoz » Mon Jul 14, 2014 4:32 pm

Hi,

To put Mac's answer into words that I can understand....

Your neighbours can cut back any of your hedge that encroaches over their boundary, but not any of your hedge that is on your side of the boundary.

They should then offer to return your clippings ... it would be theft if they didn't ... but you do not have to accept them.

They should not throw the clippings into your garden, because, apparently, that counts as fly-tipping.

Have I got that right, Mac?

John W
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Re: Whose hedge?Whose responsibility?

Postby MacadamB53 » Mon Jul 14, 2014 4:55 pm

Gardengal wrote:Thanks for that, Mac, sounds a plan!

Hi Gardengal,

do you own the hedge?

Kind regards, Mac
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Re: Whose hedge?Whose responsibility?

Postby Gardengal » Mon Jul 14, 2014 5:33 pm

Hi Mac

Don't know who actually own the hedge and the deeds make no mention of the western boundary. I do know that the meadow and the land on which my house is built were until 1922 in the same ownership so presumably the hedge was put in then. I'm not at all upset by the cutting of the hedge, in fact I wish there'd been a start years earlier - what's really annoying is the stuff that's been gnashed off being thrown over the hedge regardless of the stuff in my garden
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Re: Whose hedge?Whose responsibility?

Postby MacadamB53 » Mon Jul 14, 2014 6:02 pm

Hi Gardengal,

It'd annoy me as well - some people just don't seem to care.

I do know that the meadow and the land on which my house is built were until 1922 in the same ownership so presumably the hedge was put in then.

does the hedge begin and end where your property abuts the meadow or does it continue beyond?
does the hedge have a ditch (or the remnants of one) on either side?

Kind regards, Mac
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Re: Whose hedge?Whose responsibility?

Postby Gardengal » Mon Jul 14, 2014 6:13 pm

Hi Mac

Thank you so much for your interest

There's no evidence of any ditch on either side of the hedge and the hedge does continue in both a northerly and southerly direction in various shades of hedge management. (Our house is one of a small development, built in 1922 by a local builder on land bought from a well known local who inherited it from his farmer father). I'm really not desperate to establish ownership and much prefer the system where neighbours each keep their own side in good repair - I just thought that it might be a good idea to check why others thought of the situation before taking action!

Thanks again, Mac, and others for your time and input

Best regards and good gardening

Gardengal
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Re: Whose hedge?Whose responsibility?

Postby MacadamB53 » Thu Jul 17, 2014 7:52 am

Hi John W,

Have I got that right, Mac?

you have for me but I'm not an expert either...

Kind regards, Mac
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