Neighbour's Bushes Against Fence

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Neighbour's Bushes Against Fence

Post by Fredericka » Fri Jul 19, 2019 12:04 pm

I moved into this property 3 years ago. It is part of a barn conversion and is attached to my neighbour's property on one side. Both properties have very small gardens and there is a fence between the two. The fence is constructed of uprights and horizontal planks attached on either side at staggered intervals. My neighbour has shrubs and ivy planted all along the fence line. When I moved in the bushes were at a reasonable height, I suspect that the seller had cut them back. Since then, in 3 years, there has been no maintenance at all and several bushes are over 3 metres high, including laurel and other evergreens.
I know that I can cut back any branches that overhang my property but my concern is that the bushes are growing into the gaps in the fence, a fence that my deeds say is my responsibility. There are some thick branches now pushing against the fence panels. The ivy continuously grows through the fence and I suspect it is attached up the fence on my neighbour's side. The potential for damage to the fence is great, if it hasn't occurred already on my neighbour's side.
I have mentioned my concern to my neighbour a few times and have requested that they cut the bushes and ivy back away from the fence, but they have dismissed my concern.
What further steps can I take to get the situation resolved?

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Re: Neighbour's Bushes Against Fence

Post by MacadamB53 » Fri Jul 19, 2019 1:40 pm

Hi Fredericka,

there’s nothing you can do to make your neighbour keep their property how you’d like “just in case” not matter how sensible it might seem.

once the hedge has damaged the fence, though, you could seek damages.

kind regards, Mac

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Re: Neighbour's Bushes Against Fence

Post by nigelrb » Fri Jul 19, 2019 4:39 pm

This is not a matter of 'just in case'.

Fredericka states: 'There are some thick branches now pushing against the fence panels.'

If this is enough to constitute present damage Fredericka would be well advised to serve a recorded letter on the neighbour setting out the damage along with her intention to seek civil remedy.

The repercussions of that, as we know on this forum, is that the legal costs would far outweigh the injustice. Hopefully, the letter would serve as bluff to spur the neighbour into action. AND THEN the 'bad neighbour' problems start. Almost a no win situation. :(
Life is never what it seems; there is always two sides to every story.

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Re: Neighbour's Bushes Against Fence

Post by mr sheen » Fri Jul 19, 2019 5:18 pm

Wasn't going to comment in this thread since Mac has already answered that there is nothing you can do to get a neighbour to keep his land as you want him to. And even in worst case scenario of fence being pushed over, fence can be repaired and reinforced (even a court would only award nominal damages for such repairs). So not worth creating hassle over...take a live and let live approach and enjoy ones own land.

Then......for this minor issue there is advice to fan the flames and create a full-blown dispute and neighbourhood war!!!???.....

.nbluff to spur the neighbour into action.....

Sending recorded letters to neighbours should be an absolute last resort and only in the event that the issue is so bad that a legal solution is the only option AND that you have the money, resources and staying power to see it right through to court AND that when you get to court you are confident that you are right, have evidence that you are right and are highly likely to win the case and win sufficient damages to have made it worth the effort.

Society is now full of educated people with access to the internet and a stroppy letter from a neighbour or a solicitors letter sent to 'bluff' them is guaranteed to lead to an escalation of minor issues as oppose to the desired outcome of resolution of the issues. Letters with empty threats annoy people and in general lead to a "what ya gonna do about it?" "Come on show me what you gonna do about it" where does the 'bluff' go then? Outcome....a discloseable unresolved dispute for both properties and both sides looking for every annoyance to get the other back.......please...think twice before sending letters or giving advice to send letters for minor issues.

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Re: Neighbour's Bushes Against Fence

Post by IdefixUK » Fri Jul 19, 2019 6:34 pm

RE: Mac's and mr sheen's posts.
And don't even think about using glycophoshate or any other similar product on the hedge (as was once suggested in another thread).

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Re: Neighbour's Bushes Against Fence

Post by span » Sat Jul 20, 2019 9:48 am

Why not ask neighbor if he'd mind you popping over and sorting it out yourself, as he seems to be a bit busy and hasn't got around to it yet himself.......

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