Resident management organisation cut off my fuchia

Resident management organisation cut off my fuchia

Postby jendora@silkflowers.frees » Tue May 17, 2005 3:58 pm

Hi........I wonder if anyone can tell me if the residents management organisation on a council estate has the legal right to send unqualified caretakers to cut back my plants growing on private property, that in their opionion were considered to be interfering with the public walkway.
I have a 20 year old fuchia tree and some 6ft off the ground was overhanging by 2 feet a small single branch.
I had a conversation which turned in to a row last Friday with a person that works in the office and as told that they would be cutting off the overhang.
I specifically said that in no circumstances was any person to cut my plants and that I would remove the offending part myself, even though it was the wrong time of year to prune and the entwining Jasmine was about to flower.
I was told that the work would not commence this week and I could phone and speak to the Manageress who would be in on Monday.
As I thought that I had some time before they would be at my propery, and I was unable to phone on Monday I assumed that I would have time to contact her about this later this week.....wrong!!
I found this morning, to my dismay a caretaker, (not a gardener) had already done most of the cutting before I could stop him!
He not only took off the offending small branch, but had cut it down some 3ft into the main branch and lots of other parts too, just going back far enough to encrouch over the boundry wall.
I am extremely upset, as is another freeholder a bit further along who said they had done a hatchet job on his clematis, at this heavy handed tactic and bully attitude that was taken.
The manageress came to look and said that it must have been overhanging down to the part where it had been cut and I got nowhere with her. I did point out that they were legally obliged to return the cut off parts, but as fast as they were cut off they had been loaded into a lorry and driven away.
please can anyone help?
kind regards Jendora
jendora@silkflowers.frees
 
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Postby despair » Tue May 17, 2005 6:54 pm

firstly they are legally correct in being able to remove back to the boundary anything which invades their airspace

They should offer you back the cuttings and on no account should savage your plants or cut back beyond the boundary

Your best policy is to always ensure that your plants are permanantly retained within your boundaries

If that practice was followed by everyone there would be less stress all round
despair
 
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