We cut hedge, we are legally right yes?

We cut hedge, we are legally right yes?

Postby Abzlass82 » Tue Feb 07, 2012 6:31 pm

Hedge runs 30m down side of driveway. Dry stone dyke marks house boundry. Hedge is about 2ft over this boundry and onto the driveway, causing scratches to cars and damage to the drive at the other side (from having to drive close to the edge to avoid hedge.

My dad went out and cut it today as it was getting ridiculous - a neighbour (communal drive) had to put poles in to mark edge of drive as was a big risk of sliding off into field if its icy.

So he cut it back to the wall. No idea what he did with cuttings, but the lady houseowner came down went MEANTAL at him and when he told her to leave and shut the door she then opened it and walked into his house without his permission (so cant see her going to the council/bobbies about it, haha).

But she is raging, and I fear reprecussions.

He has acted within the law though hasnt he? The driveway also does not belong to my dad, his neighbours or the lady, it belongs to a previous owner from when it was a farm - they kept it so as to keep acess.
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Re: We cut hedge, we are legally right yes?

Postby Sudynim » Mon Feb 13, 2012 12:42 am

If your father doesn't own the land which the hedge was overhanging, then he possibly did not have the right to trim it. But another lawful reason is where he has a Right of Way and the overhanging foliage obstructs this.

In any event it's academic - if he's only trimmed the hedge to the boundary, without causing any permanent harm, then no court is going to be interested.

Final point - if the Police attend, it is *essential* that he tells them he believed he had the right to trim it and also that he asks for the (free) solicitor if he is arrested.
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Re: We cut hedge, we are legally right yes?

Postby span » Mon Feb 13, 2012 10:35 am

he asks for the (free) solicitor if he is arrested

Or interviewed under caution.

but I doubt very much if it'd come to that.
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