Continued trimming of neighbour's hedge - am I allowed?

Continued trimming of neighbour's hedge - am I allowed?

Postby annie79 » Tue Oct 25, 2016 9:22 am

Hi,
I have a neighbour problem and hope someone can advice. Our neighbour has a tall leylandii hedge running along the bottom of our garden. He has cut it only once in the last ten years, and so it is growing rather wildly, but he has grudgingly given permission for us to cut it at a set level these last three years (which we're happy to do). Our question is, would we be within our rights to continue to prune it to the same level without asking permission each time? He is rarely at home and hard to get hold of, so it would be difficult for us to keep a constant dialogue going. However, he is also by all accounts a 'difficult character', and we wouldn't want to create any legal issues. We feel that perhaps he has set a precedent by allowing it to be cut these last few years, and that his own lack of cutting is unreasonable.
Thank you in advance for any help!
annie79
 
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Re: Continued trimming of neighbour's hedge - am I allowed?

Postby MacadamB53 » Tue Oct 25, 2016 1:16 pm

Hi annie79,

would we be within our rights...

no - you have acquired no rights over your neighbour's property and previous consent has not "set a precedent".

Kind regards, Mac
ps whether his own lack of activity is unreasonable is subjective
MacadamB53
 
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Re: Continued trimming of neighbour's hedge - am I allowed?

Postby mr sheen » Tue Oct 25, 2016 5:35 pm

You only have the right to cut back vegetation that has encroached into your airspace over the boundary.
You have no right to cut the height of trees that are owned by someone else.
It is probably advisable to get permission in writing or, as a minimum expressly and clearly given in the presence of witnesses since your actions could be considered criminal damage without express permission. He could call the police on you and if you already know that he can be difficult you need to protect yourself against criminal charges.

If you do it without permission, he can claim for replacement of the trees, or cash value. You need to be careful and protect yourself against claims being brought against you.
mr sheen
 
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