Garden Law Discussion

despair · Joined: 14 Mar 2005 Posts: 11135

If you return it in a neat pile then its not tantamount to throwing rubbish

Its when the hedge owner cuts their trees and throws all the stuff from their own trees into the neighbours garden .......that equals harassment

Your Mothers neighbours are also causing harassment because they know your Mother is elderly and that 18ft high trees are too much for her

nigelrb · Joined: 28 Mar 2005 Posts: 1593 Location: Evesham, Worcs.

Oh. So we can now 'return' clippings, offcuts, branches etc to the neighbour, without their express permission, and as long as it's placed in a 'neat pile' then it's ok? And while we're 'returning' the unwanted clippings, we're not trespassing either?

So how can we prevent gezzelin from possibly suffering the same fate as your kind self?

twig · Joined: 25 Feb 2005 Posts: 452

I've been trying to rationalise this issue for a while now. The cuttings do belong to the neighbour whose tree thay were cut from. You must therefore make an attempt to return them, which might indicate that you can "chuck them over the fence". However, you must do so in a way that does not cause damage or injury, and I suppose the issue of "damage" might occur if you were to leave such a great pile, or such a mess that the neighbour has to pay to clear the stuff. Which is why, I suppose, it has become common advice for the neighbour who prunes to dispose if the tree owning neighbour rejects the clippings. Equally, if you can leave a neat pile that costs nothing to dispose of then Despair's advice would be correct.

Treeman · Joined: 25 Feb 2005 Posts: 2708

The returning of arisings is an ancient prescient based on a case where a neighbour cut a branch off a tree and sold the apples.

The prescient is that the owner of the tree is entitled to the benefits from it (timber and fruit) and that depriving them of those benefits is contrary to common law.

Treeman

despair · Joined: 14 Mar 2005 Posts: 11135

I also believe there was a case whereby someone who cleared away and didposed of the arisings from hedge cutting/tree prunings was even charged with theft .

However i wonder what a judges view would be in this case which this thread is about :-

Elderly widow faced with neighbours 18ft high hedge has to pay someone to cut the hedge back to the boundary because the hedge owner refuses to reduce the height or maintain the hedge ..........the quotes to cut and also remove the cutting are too expensive so she is left with her only option to deposit all said arising back over the fence in one spot

I think its the hedge owner who would soon find he had egg on his face

SamRadford · Joined: 22 Apr 2006 Posts: 3 Location: N Yorks

Do Leylandii roots grow sideways and, if they do, are you allowed to cut through and remove roots on your own side of your fence. And do they belong to you or the neighbour?

despair · Joined: 14 Mar 2005 Posts: 11135

Leylandi roots do most definitely grow sideways and depending on soils can even grow 12 ft away

Best bet is to dig the boundary down to 2 ft deep cut off all the roots and either slam in a root barrier ( treeman is the expert on the stuff) or if you have old 2 ft square paving slabs then slam those in tight together to form a concrete barrier to stop future encroachment of the roots

SamRadford · Joined: 22 Apr 2006 Posts: 3 Location: N Yorks

If you cut the roots of trees that are adjacent to the fence are the trees likely to survive and, if they don't, has the owner any legal redress against you?

I hasten to add that this is a hypothetical question because my new neighbour hated the trees as much as I and allowed me to cut them down!

(If this sort of question is covered somewhere, please point me in that direction. Provided it's written in English and not "legalese" I don't mind reading an entire book!)

despair · Joined: 14 Mar 2005 Posts: 11135

i do not think theres ever been any legal case over any branches being returned in a neat pile on the growers side of the boundary

I believe in this case the neighbours are being totally unreasonable and in fact the old lady would be well within her rights to employ a tree surgeon and sue the trees owner for the costs of cutting ALL branches and roots back to the boundary

seek furthur advice from www.hedgeline.org and the Citizens Advice Bureau

marg123 · Joined: 29 Sep 2005 Posts: 47

If you trim back the overhanging branches back to the boundary, be very careful. Although you are legally entitled to trim back to the boundary if you cut into dead wood i.e. so that all you can see is brown wood and trunk from your side it may affect any application you make to the district council. It could add weight to the argument that to reduce the height may kill off the hedge in which case you won't have a hope in hell of getting a remedial notice issued to the neighbour specifying the height.

If you do apply to the district council you just have to show that you have offered mediation - you don't actually have to have gone through it. I doubt that your neighbour will agree to it especially if you have to pay a fee.

With regard to the fee I am sure I have read somewhere that the district council can make concessions if they choose to do so, so it may well be worth getting in touch with your local councillor.

Also, when you make your application there is a hefty document which details the whole process. It tells you what sorts of things will be considered and what won't. It is useful to tailor your application form to what is in this document to ensure that your application is not refused. This document is available on the odpm website. There are also a lot of "frequently asked questions" which are very useful. I'll get the document name and post it for you.

We have gone through this process and there was a remedial notice issued to our neighbour for him to reduce his hedge. However he appealed so we are still awaiting the final outcome after many months.

The High Hedge law does seem to have a lot of problems which need ironing out. I think you have to be prepared for a fight and realise that it is not going to be as easy as you thought to have this law enforced.

It is well worth joining "Hedgeline" They have been of great support and advice to us throughout and especially during the appeal process.

marg123 · Joined: 29 Sep 2005 Posts: 47

Hello again

Have just been on the odpm website - www.odpm.gov.uk (sorry I don't know how to do a link - if someone can tell me would be appreciated.

Anyway if you go onto their site and then as follows:-

- urban policy
- cleaner safer greener communities
- trees & high hedges
- high hedges

The document is "high hedges - prevention & cure"

It seems to have been condensed since the version I used but the principles are still the same.

There are lots of other helpful documents on there also.

I looked at the ferequently asked questions whilst I was on and it does mention fees and it says that "the responsibility for discounts and refunds rests with the council".

Dermot · Joined: 02 Aug 2007 Posts: 1

The following link to the RSPB (Royal Society for Protection of Birds) indicates that you are permitted:

"if tall hedges or trees put your garden in the shade, you can cut off branches that overhang your boundary.
You can also prune back roots that that invade your property, even if this is detrimental to the plant.
You don't have the right to cut down vegetation on your neighbour's property, or apply weedkiller to destroy the plants."

http://www.rspb.org.uk/advice/gardening/planting/hedges/the_law.asp (copy and paste in your browser)

Good luck. I hope the problem is soon resolved.