Did he have the right?

Re: Did he have the right?

Postby MacadamB53 » Mon May 11, 2015 7:33 am

Hi tarren,

in your first photo I can see a tree that has very recently had some growth removed - very close to the neighbour's planters...

if that is the tree in question then there's no doubt it is growing out of your land if the fence marks the boundary...

trouble is, those cuts could only have removed branches which were overhanging the neighbour's garden - unless your tree was deformed?

since we're in the mood for repeating ourselves:
Mac wrote:I don't think he was giving any consideration to the health of the tree

maybe so, that was not my point - I was pointing out that what you've been left with might be better than what you could have been left with...

I think he should have discussed it with me before taking the saw to it

I agree - but, considering the point I was making, would you have vetoed the works?
Kind regards, Mac
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Re: Did he have the right?

Postby mr sheen » Mon May 11, 2015 8:41 am

tarren wrote: hardly anything was, and I repeat, encroaching over his garden.


Then the answer to the original question.....yes he had the right to cut off the 'hardly anything' that was encroaching over his garden and he had the right to cut it right back to the 'boundary' which you say is the fence but others may consider it midway the hedge. To avoid this situation ensure that the hardly anything is absolutely nothing and then there will be no problem.
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Re: Did he have the right?

Postby arborlad » Mon May 11, 2015 9:28 am

mr sheen wrote: To avoid this situation ensure that the hardly anything is absolutely nothing and then there will be no problem.



Not sure how widespread you'd like this procedure to be, but it would reduce our green and pleasant land to not very green and not very pleasant.
arborlad

smile...it confuses people
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Re: Did he have the right?

Postby MacadamB53 » Mon May 11, 2015 9:32 am

Hi mr sheen,

the OP has already acknowledged they've had their original question answered.

we're now trying to help with:
tarren wrote:MacadamB53 Thank you for that [confirmation neighbour can cut to boundary] appreciate your reply. What are my options, I'm not sure how he is going to respond once confronted. The only fly in the ointment is the fact that it was his gardener " wot did the dirty deed." Is the neighbour still responsable?
Kind regards, Mac
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Re: Did he have the right?

Postby mr sheen » Mon May 11, 2015 10:24 am

arborlad wrote:
mr sheen wrote: To avoid this situation ensure that the hardly anything is absolutely nothing and then there will be no problem.



Not sure how widespread you'd like this procedure to be, but it would reduce our green and pleasant land to not very green and not very pleasant.


I personally wouldn't like to see it widespread....but we are responding to queries and the issue of cutting back which people mistakenly think is unlawful.

MacadamB53 wrote:Hi mr sheen,

the OP has already acknowledged they've had their original question answered.

we're now trying to help with:
tarren wrote:MacadamB53 Thank you for that [confirmation neighbour can cut to boundary] appreciate your reply. What are my options, I'm not sure how he is going to respond once confronted. The only fly in the ointment is the fact that it was his gardener " wot did the dirty deed." Is the neighbour still responsable?
Kind regards, Mac


I disagree...the OP's understanding that there has been encroachment is fundamental to them understanding that there is nothing to confront the neighbour or his Gardner about. S/he could ask nicely to ask the OP to cut back any future encroaching vegetation ...and they may or may not be accommodating. Confronting the neighbour will cause a dispute from which the OP will most likely gain nothing only aggro.
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Re: Did he have the right?

Postby MacadamB53 » Mon May 11, 2015 11:27 am

Hi mr sheen,

whether the neighbour has or has not encroached into the OP's airspace is apparently not up for discussion - the OP is adamant they have.

so let's help the OP prepare for the talks - what to leave in and leave out - like you've just done:

Confronting the neighbour will cause a dispute from which the OP will most likely gain nothing only aggro

Kind regards, Mac
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Re: Did he have the right?

Postby mr sheen » Mon May 11, 2015 12:47 pm

MacadamB53 wrote:Hi mr sheen,

whether the neighbour has or has not encroached into the OP's airspace is apparently not up for discussion - the OP is adamant they have.

so let's help the OP prepare for the talks - what to leave in and leave out - like you've just done:

Confronting the neighbour will cause a dispute from which the OP will most likely gain nothing only aggro

Kind regards, Mac


Mac
I think you'll find that you don't decide what I can and can't respond to or say...I have no intention of preparing anyone for anything.

For a start I'm NOT talking about the neighbour 'encroaching' into the OPs airspace but the OP's tree having encroached into the neighbours airspace...which the OP describes as 'hardly anything' which translates as 'something' was encroaching into the neighbours....hence the neighbour has right to cut back. He may have been over enthusiastic but there is little OP can do about it since the OP would have to prove boundary position, negligence and losses, consequently confronting the neighbour would fuel a dispute probably unnecessarily and without potential for gain for OP....so if you want to 'prepare OP for talks' go ahead but frankly I think it's a situation best learned from and avoided in future and maintain relations as is with neighbour. The matter, as far as I can see, requires either no action at all or a quiet pleasant discussion with neighbour and no more.
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Re: Did he have the right?

Postby MacadamB53 » Mon May 11, 2015 1:49 pm

Hi mr sheen,

don't be so damn defensive - I was not dictating what you can and can't write, I was merely suggesting what we (the forum) might want to concentrate on given what the OP has asked.

I completely agree with you comments about 'hardly anything' - we are just approaching the issue from different angles is all (like it or not the OP intends on talking to the neighbour).

Kind regards, Mac
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Re: Did he have the right?

Postby tarren » Mon May 11, 2015 2:09 pm

Gentlemen, it's allright saying "No confrontation" but if I don't confront him, perhaps he'll treat the rest of, and I hesitate to call them trees, because of earlier remarks, so I will refer to them as plants.
90% of those plants are in my air space, as was the plant he took down.Was going to post pics but apparently board limit has been reached.
Is it OK to let him decide whether or not they should be butchered? It's too late once he's done the deed.
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Re: Did he have the right?

Postby mr sheen » Mon May 11, 2015 2:19 pm

MacadamB53 wrote:
we (the forum)

Mac


Is that the Royal 'we' the forum?

MacadamB53 wrote:
like it or not the OP intends on talking to the neighbour).


Neither like it nor dislike it....quite frankly my dear....
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Re: Did he have the right?

Postby MacadamB53 » Mon May 11, 2015 2:25 pm

Hi tarren,

to share images we have to upload them to third party sites (I use http://www.tinypic.com) and then post the URL on here - hope that makes sense.

Kind regards, Mac
PS would you please answer the question I repeated...
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Re: Did he have the right?

Postby mr sheen » Mon May 11, 2015 2:35 pm

tarren wrote:Gentlemen, it's allright saying "No confrontation" but if I don't confront him, perhaps he'll treat the rest of, and I hesitate to call them trees, because of earlier remarks, so I will refer to them as plants.
90% of those plants are in my air space, as was the plant he took down.Was going to post pics but apparently board limit has been reached.
Is it OK to let him decide whether or not they should be butchered? It's too late once he's done the deed.


The 10% of the plants not in your airspace are therefore open to being cut/hacked back without your permission and the person doing it is within their rights.
Whosoever owns the land and airspace where they are beyond your boundary can cut them back to the 'boundary' and the position of a boundary is never crystal clear.
So 'confronting' the neighbour will probably elicit justification of his actions and he may well know he has the right to cut back and then cuts back all the rest of the 10% encroaching outside your boundary, to where he feels the boundary is.

You are proposing 'confronting' someone for doing what they had a right to do. The only complaint you have is that they may have been a bit over enthusiastic. So it may elicit a better outcome if you had a quiet pleasant discussion asking if the plants are a nuisance to him, offering to keep them out of his airspace by cutting them back yourself and asking him not to cut back beyond the fence in future.
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Re: Did he have the right?

Postby tarren » Mon May 11, 2015 3:45 pm

The 10% of the plants not in your airspace are therefore open to being cut/hacked back without your permission and the person doing it is within their rights. Please read my previous posts, I've never disputed that. I understand that if 90% was in their air space and only 10% in mine, I would not have objected if he had cut 90% and left me with 10%. How many times have I to reiterate that?

You are proposing 'confronting' someone for doing what they had a right to do. So, they had a right to cut my plant, although it was in my air space?
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Re: Did he have the right?

Postby tarren » Mon May 11, 2015 4:00 pm

Hello MacadamB53,

I believe this is your question, I agree - but, considering the point I was making, would you have vetoed the works? Yes, I must certainly would have, it was an attractive little tree, with almost nothing encroaching over his airspace.
Please bare in mind, his view of the tree would have been the same as in the original pic, so why would the health of it bother him, it's surely up to individual owners to determine the health or otherwise of what they own, and deal with it accordingly, surely, your neighbours cannot take it upon themselves to do it for you, although, reading back, it is beginning to look as if they can.
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Re: Did he have the right?

Postby mr sheen » Mon May 11, 2015 4:10 pm

Since there was some encroaching beyond your boundary he had the right to cut back to the boundary...it is now in dispute the % he cut back and any on your side or not. 0% outside your boundary would have meant he had no right to touch it but since it had some encroachment on his side he had a right to cut back and worry about disputing the percentages later.
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