Collusion between neighbours

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George
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Location: England

Collusion between neighbours

Post by George » Fri Apr 15, 2005 10:37 pm

I understand that the new hedge law applies to two or more trees in a line. Does anyone know the position if two such trees span a boundary and are therefore owned by two different people?

Would a third party who is affected by the hedge be able to chase both neighbours just as simply, as if the hedge was all on one man's land?

despair
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Post by despair » Fri Apr 15, 2005 11:11 pm

I cant see that it makes any difference if theres 2 owners

E Mail the contact on www.Hedgeline.org and ask or phone the OPDM

and ask them

Treeman
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Post by Treeman » Sat Apr 16, 2005 7:14 am

That’s not going to stand any sort of legal challenge. It’s the high HEDGES law and can’t be applied to a single tree.

The simple answer from the owner of each tree will be I own a tree not a hedge.

Sorry can’t see this working somehow.

Treeman

despair
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Post by despair » Sat Apr 16, 2005 9:41 am

As you say Treeman

this situation is the 1st flaw in the new HH Law and i am sure there will be more

George
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Joined: Fri Apr 15, 2005 10:28 pm
Location: England

Post by George » Sat Apr 16, 2005 7:26 pm

Despair and Treeman

Thank you for your replies.

Despair, have you changed your thinking from being optimistic to pessimistic that two people can be challenged as easily as one? I may contact the Office of the Depuy Prime Minister for clarification, if that's what you meant by OPDM (sic).

Say owner 1 had a single Leylandi tree for 20 years, which neighbours accepted. The width and everything was reasonably OK. Then owner 2 moves in next door and plants a similar Leylandi tree on the other side of the boundary fence. After 5 years the second tree is very tall and the two trees together present a problem for other neighbours.

Could the court or local authority do any of the following:
- get owner 2 to cut down his tree because owner 1 was there first
- get both owners to cut down their respective trees, because they are somehow jointly and severally liable for the hedge, in which case owner 1 would be furious because he was there first and had no say over the second tree being planted, unless you accept the conspiracy theory that there is some sort of collusion
- or would it be the case that the courts or local authority could do practically nothing?

despair
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Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Sat Apr 16, 2005 8:12 pm

I honestly do not know ........but its certainly problem number 1 for OPDM

Treeman
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Post by Treeman » Sun Apr 17, 2005 1:06 pm

George wrote: Say owner 1 had a single Leylandi tree for 20 years, which neighbours accepted. The width and everything was reasonably OK. Then owner 2 moves in next door and plants a similar Leylandi tree on the other side of the boundary fence. After 5 years the second tree is very tall and the two trees together present a problem for other neighbours.

Could the court or local authority do any of the following:
- get owner 2 to cut down his tree because owner 1 was there first
- get both owners to cut down their respective trees, because they are somehow jointly and severally liable for the hedge, in which case owner 1 would be furious because he was there first and had no say over the second tree being planted, unless you accept the conspiracy theory that there is some sort of collusion
- or would it be the case that the courts or local authority could do practically nothing?
The only option here would be the last one because it's not a hedge. It is two trees in individual ownership. The LA can't act under ASBO simple as that.

As for the courts? Under what legislation are you going to bring this to the attention of the magistrate /judge?

Treeman

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