Garden Law Discussion

[Buster Clavicle]

Hello, this is my first post and I'd appreciate some advice

I live in a small 1920’s Cul-de-sac and have a mature 5’2” Beech hedge on the border(ish) on one side of my garden at the front. I say ‘ish’ because it doesn’t sit centrally on the border; it’s more in my neighbour’s garden.

The neighbour concerned has recently bought a huge people carrier and now has difficulty in parking and getting in and out of his various cars. As a result he wants to cut down the rather fine Beech hedge to give him more room. Actually it would only give him another nine inches of room at best. He has stated that he doesn’t want the hedge replaced by anything so I suspect he plans to access his vehicles from my property.

The problem I have is that if he removes the hedge it will severely affect the appearance of and aspect from my house. My view will change that of a cottage garden bordered by a nice Beech hedge to that of a rather horrid car park.

Does anyone have any advice on what I should/could do?

Thanks

[despair]

Whose hedge is it ?

If its your hedge or its shaared ownership he cant just cut it down

He can only cut back all side shoots to the boundary

Equally he has no right whatever to access his drive from your side

If its his hedge and he cuts it down slam in a fence and plant pyracantha or photinia and let him stew

[Buster Clavicle]

Dear despair,

Thanks for your reply.

I'm not sure whose hedge it is; it straddles our boundary but mostly it's on his side. I think this is termed a 'boundary feature' and is not mentioned in any Deeds. However, because it's mosty on my neighbours side he feels it's his.

I realise he is probably not allowed to cut it down and has no right of access on my property but if he does what recourse do I have? From the little I’ve read on this forum it seems that there are few mechanisms to deal with this type of dispute. It's easy to see how these things can get out of hand.

[despair]

Check all your Insurance policies /credit cards /union membership for legal expenses cover

Tell him that its a shared hedge /boundary and you only want the hedge cut back to the stems and not cut down

[Buster Clavicle]

Ah, now that's interesting. There are a few more 'layers' to the story. When my neighbour first stated his intention I said that I’d be unhappy so he did, as you suggest cut his side back to the stems. He has also (gradually so he thinks I haven’t noticed) reduced the height. What is now 5’2” once was 5’10”.

I have a nasty feeling I’m going to end up with a fence. The Beech is a splendid 30+ years old and will be hard to replace.

[despair]

Run a line through the boundary so that it proves whose side the remaining hedge is on and tell him to stuff it