What's the law concerning cuttings?

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balichow
Posts: 1
Joined: Wed Aug 02, 2006 12:27 am

What's the law concerning cuttings?

Post by balichow » Wed Aug 02, 2006 12:39 am

My neighbour is cutting back our holly and leylandi hedging which is hanging over her side of the boundary but just deliberately dropping the cuttings back over our side - it's actually quite difficult for us to retrieve them without being scratched by the hedging and at times it creates quite a mess. She said she has been advised by a solicitor that she can legally do this and why should she have to dispose of our rubbish. This is the latest episode in rather a long saga of disputes over boundaries, hedges etc. Does anybody have any specific information about this aspect of hedging law?

Thanks

Balichow

catnamedpg
Posts: 20
Joined: Sun Jul 23, 2006 7:59 pm

Post by catnamedpg » Wed Aug 02, 2006 8:45 am

I think its something like this:

They can legally trim back your overhanging hedge up to the boundary, and no further.
Legally, they must offer you what they have cut off - called "leavings".
Legally, you are not obliged to dispose of the leavings. If you send them a letter informing them that they may trim back the hedge to the boundary, and that you do not require them to offer you the leavings for disposal, and that they may dispose of them without consultation to you, then its their problem to dispose of the leavings.
If they then throw the leavings over, you can take legal action.

If I'm wrong, someone will be along shortly.

despair
Posts: 16274
Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Wed Aug 02, 2006 8:48 am

While she can legally cut back to the boundary anything which overhangs she must offer back the arisings to you NOT throw them or dump them your side

However equally you have duty to ensure that the growth of your hedges and trees etc does not go beyond your boundaries
Have you ever offered to go round and cut back her side ?

You also may not realise the immense problems leylandi and holly poses for other neighbours especially if they have a flower bed on the other side struggling to survive

I am sorry but as just one of the people on this forum who suffers the destruction of my garden by my NFH s horrible leylandi and the tons of rubbish from them i cannot offer you sympathy

There are loads of lovely to look at easily maintained hedging plants and leylandii and holly are not

carpinus
Posts: 818
Joined: Thu Dec 29, 2005 4:17 pm
Location: east anglia

Post by carpinus » Wed Aug 02, 2006 8:17 pm

I partly agree with despair in that I believe that hedge owners should take responsibility for the whole of their hedge & not expect their neighbour to take on an unwanted responsibility for cutting 'their' side. The point that I disagree on is that holly & leylandii cause 'immense problems'. As many posters have said before, leylandii can make a wonderful hedge, if maintained.
As catnamedpg said, legally, the neighbours should offer the arisings back but if the offer is declined then they should dispose of them themselves.

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