Bamboo...Hegde, shrub or tree?

Bamboo...Hegde, shrub or tree?

Postby Jungle Fever » Fri Jul 07, 2006 2:11 pm

We hope that somebody can help us, because our local authority is a bit vague.

We have planted ( what we & are our friends ) think is a lovely jungle theme. Bannana plants, palms, bamboo's etc. We have never had any problems with our neighbour, until now.I returned from work to find that one of our bamboo's had been "trimmed". Our neighbour when confronted said "yes it was me, you cannot have it growing more than 3m"

So what is the law, does it come under a hedge or is it a tree or shrub?

Oh, I do know he has broken the law as far as trespass goes because he cut the stems on our side, in some cases back to 1m. The bamboo in question grows to 4/5m & his garden is 2m below our's!!

Thanks for your help
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Postby despair » Fri Jul 07, 2006 2:37 pm

Print this off and give it to your neighbour :-------

Your neighbour has ABSOLUTELY NO RIGHT to reduce the height/trim your shrubs/trees /bamboo and to do so constitutes criminal damage for which he can be charged plus be sued for cost of mature replacements

The only thing he is allowed to do is trim back any growth which trespasses over the boundary

THERE IS NO LAW which restricts the height of anything

The new High Hedge Law is administered by Local Councils but only providing a proper proceedure is followed and correct fee is paid see www.hedgeline.org or OPDM website

I do not think for one minute that the new HH law applies in your case and your neighbour can check that all information i have given here is correct by going to any Citizens Advice Bureau
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Postby Jungle Fever » Fri Jul 07, 2006 8:08 pm

I have since found out that Bamboo's are classed as a Grass & do not come under any of the "height" rules.

Thanks for your help
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Postby carpinus » Fri Jul 07, 2006 8:43 pm

Jungle Fever, out of interest, which bamboo do you have that grows to 4/5m high?
If it grows to its maximum & with your garden being 2m higher than your neighbours, I can understand that in some circumstances, they would be a little concerned.
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Postby jen » Mon Jul 10, 2006 10:41 pm

Like you I returned from work to find out that a fairly new neighbour living in a house at the end of my garden had been busy with his chain saw.This time it was a line of mature willow trees and a mature field maple [ which was not on his boundry ]which got the chop.A week earlier said neighbour had asked me if he could trim back the branches that overhung his garden to which I had replied yes .I didnt relise that the tree line would be reduced from about 30-40 feet to less than 6.The field maple which got used for climbing and playing in will be sorely missed.My house is 200 years old and about 10 foot lower in height than the modern boxes that were thrown up 5 years ago at the end of the garden.The tree line protected us from feeling overpowererd by the higher houses and softened the noise of the young children be shouted at by irritable parents.
My 12 year old son is bereft as he knows that the re planting will not be climbed by him but by his children.
We rang the police to report the tresspass who said this was a domestic issue.
So we have been advised that a civil action following a report from the tree surgeon [whose coming Wednesday] is the way to go as there was permission to trim back only and no permission to tresspass.Of course this individual may decide to settle out of court when given the quote for digging out the stumps and making good but I suspect that the arrogance that seems to accompany some people will win out and this is going to take time to sort out.My neighbours to each side are upset as they can now be seen in their gardens too and with the summer here we suddenly feel we are in a goldfish bowel.
If anyone has good suggestions re re planting please let me know as one has to view this as an oppotunity for change and improvement if possible.so I am looking for suggested specimens of 20-30 feet of growth with upright rather than spreading habit so that there wont be anything to overhang in future.Although I feel in the mood to wap in a whole line of conifers or something poisonous.
When somone comes onto your property and destroys something you do feel very angry and defensive however small or large the assualt.
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Postby carpinus » Mon Jul 10, 2006 10:47 pm

jen, that is awful. Make him pay.
Sue for the cost of new, mature trees. The fastigiata varieties of various species will give upright rather than spreading growth.
I am particularly fond of carpinus fastigiata!
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Postby despair » Mon Jul 10, 2006 10:50 pm

Firstly and most definitely its Criminal Damage and the Police must Act

Contact the Chief Superintendant and do not take no for an answer
Contact the CPS yourself if you get stonewalled

As you quite rightly say the neighbour had absolutely no right whatever to do anything beyond cut back branches to the boundary although i have to think that faced with such a request if it was me i would arrange for it to be done and kept done so that neighbours could not even dare touch /ask in the first place

And yes like you I would be sorely tempted to whack in a line of very large Leylandii ............there are Big Plant Nurseries ........Big Prices but hey the neighbours going to have to foot the bill

Trust you have legal expenses cover too so you wont feel the pain there
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Postby jen » Tue Jul 11, 2006 12:01 am

Thankyou for your replies.The police very definately were not interested at all but I will try what you say and write to the Chief Inspector and see what response I get.
I think the tree surgeons report will be helpful in establishing how badly the butchering has been done and then its down to getting quotes and seeing if he will settle with out it going further.
Mature trees would be great but it would involve craning them over the house from the road as we are in a terrace of property with no road access to the back.Prior to houses being built at the back you could drive into the field behind in a 4x4 [if you had one] for heavy deliveries.

I think you are quite right the lesson learnt is never give anyone the oppotunity to take control of your boundaries by always keeping everything squeaky clean.
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Postby despair » Tue Jul 11, 2006 8:37 am

Since the tree surgeons will not also be able to get a stump grinder in removing the trees is going to be A VERY VERY EXPENSIVE hand digging operation

I hope your neighbour has very deep pockets

You need a solicitor to act very fast and put a lien on his house before he has chance to abscomb
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Postby Treeman » Tue Jul 11, 2006 1:48 pm

despair wrote:Since the tree surgeons will not also be able to get a stump grinder in removing the trees is going to be A VERY VERY EXPENSIVE hand digging operation


Not any more.

Grinders now come in a range of sizes from the near obscene mounted on a 20 tonne excavator right down to the hand portable alpine magnum.

http://www.stumpco.co.uk/pages/machinery.htm

Treeman
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Postby despair » Tue Jul 11, 2006 2:24 pm

Assuming ones local tree surgeons have a small one of course !!!!!!
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Postby carpinus » Tue Jul 11, 2006 5:21 pm

Not just tree surgeons but landscapers & of course, stump grinding specialists round my way all have or have access to machines that will fit through a standard 30" garden gate.
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Postby jen » Tue Jul 11, 2006 9:36 pm

Thankyou for all the advice.
I have been proactive today and spoken to legal adviser linked to the house insurance.I have been advised re writing to my neighbour [by registered post ]to say I view it as tresspass and criminal damage and to state that I will be claiming costs of putting right by removal of stumps and cost of new trees plus replanting.Then I have to send the quotes to him giving him a choice of three.Then depending on his response all may be sorted if my neighbour says OK ,shouldnt have done it ,heres the cheque.If not the insurance will pursue him through the civil courts on my behalf.
I have been advised to get quotes for like for like size trees [which will be extremely expensive] so that we have room for comprimise if he shows goodwill.
I was told that I had to go back to the police and insist on getting an incident no.I did this and two constables visited who were willing to go and charge him with criminal damage [which would have involved a trip 20 miles in the back of the van to go and be charged at our nearest station]I have declined this offer at this point as there is always the chance all can be resolved.Spending the evening with the police could only antagonise .
Having read other postings on this site I am actually very lucky as I dont have a boundery dispute,anyone blocking my access nor am I a prisoner beneath a wall of conifers.
I can replant in the future and I can protect the boundary if need be by taking out an injunction against my neighbour to prevent him doing the same thing again.
What I have lost is time but I also have the oppotunity to plant something prettier than willows that is more managable.We will mourn the field maple but a friend has told me that all the other planting will change now it is gone .Somebody has offered me a 10 year old horse chestnut to replace it but I think that may be ensuring future neighbour battles down the line.
Thanks again
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Postby Treeman » Tue Jul 11, 2006 9:59 pm

Grinding stumps for a living is proving popular and lucrative

Stumpbusters is a nationwide franchise so there will be one covering your area

www.stumpbusters.co.uk

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Postby patdavies » Wed Jul 12, 2006 9:11 am

jen wrote:Thankyou for all the advice.

I was told that I had to go back to the police and insist on getting an incident no.I did this and two constables visited who were willing to go and charge him with criminal damage [which would have involved a trip 20 miles in the back of the van to go and be charged at our nearest station]I have declined this offer at this point as there is always the chance all can be resolved.Spending the evening with the police could only antagonise .


Without wanting to get at you in particular, this is one of the reasons that the police don't want to get involved in this sort of criminal damage callout.

You have tied up two officers for a period of time, a crime has been reported and there is no 'clear up' because the complainant has then decided not to proceed. After this has happened a couple of times, is it any wonder they can find something better to do?

It is so difficult to get the Police involved in cases of minor vandalism that in cases where they are prepared to charge the perpetrator, then the law should be allowed to take its course. If you didn't want him charged, then why involve the Police?
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