Who cuts the conifers.

Who cuts the conifers.

Postby graham turner » Sat Feb 27, 2016 5:15 pm

Hi,We have a 2.4m conifer hedge 100ft long.
We have it trimmed once a year and it borders a grass verge which now belongs to the parish council,its about 3m wide by the full length.
Am I still responsible for having the hedge trimmed now they own that strip of land or is it down to them to do.
Thanks for any reply.
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Re: Who cuts the conifers.

Postby MacadamB53 » Sat Feb 27, 2016 7:19 pm

Hi graham turner,

if the verge is part of a highway the LA can order you to cut back your hedge.
otherwise, it's down to the owner of the verge to do it.

Kind regards, Mac
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Re: Who cuts the conifers.

Postby arborlad » Sat Feb 27, 2016 10:35 pm

graham turner wrote:Hi,We have a 2.4m conifer hedge 100ft long.
We have it trimmed once a year and it borders a grass verge which now belongs to the parish council,its about 3m wide by the full length.
Am I still responsible for having the hedge trimmed now they own that strip of land or is it down to them to do.
Thanks for any reply.



Yes.
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smile...it confuses people
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Re: Who cuts the conifers.

Postby graham turner » Sat Feb 27, 2016 10:51 pm

Hi is that yes I still do or yes they do.Thanks
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Re: Who cuts the conifers.

Postby arborlad » Sat Feb 27, 2016 11:25 pm

graham turner wrote:Hi is that yes I still do or yes they do.Thanks



It's a yes that you do.
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Re: Who cuts the conifers.

Postby graham turner » Wed Mar 09, 2016 8:00 pm

That's two different answers so I am still confused.!!!
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Re: Who cuts the conifers.

Postby COGGY » Wed Mar 09, 2016 8:48 pm

Hi

It's a yes that you do.


Sounds like you do it to me. :roll: Coggy
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Re: Who cuts the conifers.

Postby Morgan Sweet » Sat Mar 26, 2016 12:09 pm

Many people are confused about hedges and trees and who cuts and maintains them. My understanding (many years cutting hedges and trees) is that the hedge is the sole responsibility of the owner of the land on which it was planted. If you can only be bothered to cut your side of the hedge (as is often the case) the overhanging (nuisance side) together with any invading roots may be cut by the neighbouring owner, but that does not remove the responsibility from the owner of the hedge/tree to ensure that it does not cause a nuisance.
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Re: Who cuts the conifers.

Postby Collaborate » Sat Mar 26, 2016 12:45 pm

The rationale for different rules depending on whether the other side of the boundary is a local authority highway or not is due to rights of access.

No right to access the neighbouring property means the neighbour must cut it back of they wish. There is no responsibility on the owner of the hedge to abate a nuisance that merely consists of an overhang without causing damage.

Having a right to go on to the highway to cut your own hedge means that there's nothing to stop you abating the nuisance - that and the fact that the public would otherwise have to pay to keep your hedge within boundary.
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Re: Who cuts the conifers.

Postby MacadamB53 » Sat Mar 26, 2016 12:48 pm

Morgan Sweet wrote:Many people are confused about hedges and trees and who cuts and maintains them. My understanding (many years cutting hedges and trees) is that the hedge is the sole responsibility of the owner of the land on which it was planted. If you can only be bothered to cut your side of the hedge (as is often the case) the overhanging (nuisance side) together with any invading roots may be cut by the neighbouring owner, but that does not remove the responsibility from the owner of the hedge/tree to ensure that it does not cause a nuisance.
your understanding is flawed - the hedge owner has no responsibility to cut any of it - nearside, farside, top - unless it is causing an actionable nuisance.

Kind regards, Mac
edit: or it is obstructing a highway
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Re: Who cuts the conifers.

Postby Morgan Sweet » Sat Mar 26, 2016 9:05 pm

Mac, my understanding is not flawed but your interpretation of what I have written certainly is. Where have I said that you must cut your hedge? If you care to read my post I state that it is the sole responsibility of the hedge owner to maintain it so to ensure that it does not cause a nuisance, irrespective of whether it needs cutting, watering, burning, ripping out or anything else.

Best wishes
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Re: Who cuts the conifers.

Postby MacadamB53 » Sat Mar 26, 2016 10:34 pm

Hi Morgan Sweet,

having re-read your posting I realise I misunderstood the thrux of it - please accept my apologies for trying to correct you.

Humble regards, Mac
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Re: Who cuts the conifers.

Postby graham turner » Tue Nov 22, 2016 8:23 pm

We were just looking to get the conifers trimmed when I noticed a very old fence under these conifers.
The who lot about 130 foot were planted on the other side of the existing fence which is about 60 years old.
As the parish now own this grass verge,do I assume that they own all the trees planted on their land and
are now responsible for the maintainance of the hedge.
Any answers most welcome.
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Re: Who cuts the conifers.

Postby TO » Wed Nov 23, 2016 2:11 pm

Hi

The owner of the land on which the trees/hedge is growing is responsible. You will need to determine who that is. The fence may mark the boundary, it may not. You will need to get a surveyor to determine the exact location of the boundary. Invariably expensive and unlikely to resolve your problem. Through trimming the hedge every year you have taken responsibility, and therefore accepted liability for it, whether on your land or not.

The only way to get a definitive answer to your question would be through the Courts. Alternatively, seek agreement with the Parish Council on who does what.

TO
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Re: Who cuts the conifers.

Postby graham turner » Mon Nov 28, 2016 6:24 pm

Thanks TO,
You always give good sound advice.There is about 10 feet between the hedge and footpath,so it does not
encroach on it.As I live next door to a parish councillor and had had problems with them,this was just something I could hand back to them to deal with
as they are on my case to trim it up.
thanks for your comments.
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