Neighbours claims after building work unreasonable?

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MacadamB53
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Re: Neighbours claims after building work unreasonable?

Post by MacadamB53 » Wed Mar 07, 2018 3:58 pm

orangepear wrote:So although they trained our wisteria across their entire garden knowing it was ours, now that we have cut down the wisteria we DO have to remove it and replace wires?
Or can we just say we'll dispose of it if they chuck it over?
Or thirdly, can we say we'll go and remove it ourselves ? We offered to do that previously but they said they only want a professional gardener to do it!
unless you are evidently incompetent, a court may well consider it unreasonable for your neighbour to “put you on notice” and then deny you access to remedy the situation.
to then go further by insisting that access will only be given to a professional gardener - rather than just someone competent enough to carry out the works - is clearly unreasonable.

I’d reply to the latest email by outlining the above, that you’re only obligation is to make sure the works are done properly, and that you will treat a denial of access at the next time of asking as an implied acknowledgement that they no longer consider the wisteria to be a nuisance and the matter closed.

kind regards, Mac

orangepear
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Re: Neighbours claims after building work unreasonable?

Post by orangepear » Wed Mar 07, 2018 4:31 pm

Ok so say we agree to remove dead wisteria and wires. Surely we don't have to replace wires for them to train a new plant up?
Arborlad - very helpful - can i ask if this is official legal stance?

What do you think of their other demands?

Thanks
Jules

MacadamB53
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Re: Neighbours claims after building work unreasonable?

Post by MacadamB53 » Wed Mar 07, 2018 8:13 pm

Hi Jules,

Ok so say we agree to remove dead wisteria

that doesn’t read like you understand the situation - to not remove it is a civil wrong.

Surely we don't have to replace wires

they are still in possession of their wires, are they not? :)

depending on how entangled the wires and wisteria are and what condition the wires are in, you could attempt to reunite them with their existing wires (petty imho) or be more civil and just buy them a new spool ex gratia.

kind regards, Mac

span
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Re: Neighbours claims after building work unreasonable?

Post by span » Wed Mar 07, 2018 9:33 pm

Ignore them. Don't engage with them. Let them whistle about their dead wisteria
They're no good.

arborlad
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Re: Neighbours claims after building work unreasonable?

Post by arborlad » Fri Mar 09, 2018 7:21 am

orangepear wrote:Ok so say we agree to remove dead wisteria and wires. Surely we don't have to replace wires for them to train a new plant up?
Arborlad - very helpful - can i ask if this is official legal stance?

What do you think of their other demands?

Thanks
Jules


Yes - if a leaf from one of your plants crosses into the neighbours airspace, that is considered a trespass, any competent person doing that kind of work should know it, the wires would depend on who owned the structure they were attached to.

You say that one of the reasons for going ahead with the work was it required access for machines, was the fenceline cleared with a machine?
arborlad

smile...it confuses people

despair
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Re: Neighbours claims after building work unreasonable?

Post by despair » Fri Mar 09, 2018 10:46 pm

Arborlad ...stop misquoting me

Yes i object quite rightly to tree surgeons cutting hedges trees etc in such a way that the neighbour who gains zero benefit from the hedge or tree is then left with a lot of work to clear up the mess

I have always maintained that any hedge owner should be responsible for the neighbours side to be cut too

I have already asked if its possible for the OP to clear the wisteria from their side

It now sounds like these neighbours deliberately trained the wisteria to grow right across their garden and since clearly discussions about the building works etc took place they are now being unreasonable insisting only on professional clearnce and refusing allowing the OP to clear it

What are wires attached to ?
Was it the OPs fence ?
What about all tge ivy the neighbour illegal grew up old fence

The neighbours refuse to have sensible discussions instead they are making totally unreasonable demands

Collaborate
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Re: Neighbours claims after building work unreasonable?

Post by Collaborate » Sat Mar 10, 2018 8:00 am

arborlad wrote:


Yes - if a leaf from one of your plants crosses into the neighbours airspace, that is considered a trespass, any competent person doing that kind of work should know it.
Any plant or tree growing over your boundary in to next door does not constitute trespass. It is merely a nuisance, which the owner of the tree or plant has no obligation to remedy.

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Re: Neighbours claims after building work unreasonable?

Post by orangepear » Mon Mar 12, 2018 9:43 pm

Hi everyone, thanks so much for the continuing advice.

We offered to meet them - they refused saying that it hadn't really worked before so they'd prefer email. They have also now said that they are taking us to small claims court unless we offer a reasonable sum.

We offered to clear Wisteria ourselves again, plus other things, which they refused saying it was less than half of what they'd asked for. We also offered a reasonable cash sum of £1500 to sort this out. They rejected this also.

So there we are. Any advice on next steps very welcome.

Yes, despair, they did deliberately train the Wisteria across their garden. They expect us to remove wisteria and wires and replace. The wires are trailed and attached between our fence and their kitchen wall...!

They are claiming their solicitor has told them it's not illegal to grow ivy up our fence without permission.

They are incredibly unreasonable and it makes me sad to think we're going to be loving next to these people for years to come.

despair
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Re: Neighbours claims after building work unreasonable?

Post by despair » Mon Mar 12, 2018 9:50 pm

1) they had no right whatever to grow anything inc ivy up your fence
2) they had no right whatever to attach wires to your fence
3) they encouraged the wisteria to grow up their wires
4) you took the time and effort to outline and discuss everything with them all the way along

5) you have offered to remove and dispose of the wisteria

They have been totally unreasonable throughout and are making totally unreasonable demands whilst you have tried to be more than reasonable

Stop stressing about these bully neighbours because thats exactly what they are

Just collate a very clear timeline of events , conversations , their responses and copies of all emails and let the SCC decide
It will cost your neighbours a fee which they cant reclaim from you

span
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Re: Neighbours claims after building work unreasonable?

Post by span » Mon Mar 12, 2018 11:25 pm

This now, what's happening now, is all your own fault.

See what happens when you engage with people like this?

MacadamB53
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Re: Neighbours claims after building work unreasonable?

Post by MacadamB53 » Tue Mar 13, 2018 7:23 am

Hi Jules,

We offered to clear Wisteria ourselves again, plus other things, which they refused saying it was less than half of what they'd asked for.

what other things? the iron arbour? the sleepers?

We also offered a reasonable cash sum of £1500 to sort this out.

why? what was this to cover?

did more get damaged than you are letting on?

kind regards, Mac

arborlad
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Re: Neighbours claims after building work unreasonable?

Post by arborlad » Tue Mar 13, 2018 8:19 am

orangepear wrote:Yes, despair, they did deliberately train the Wisteria across their garden..


Not relevant.
arborlad

smile...it confuses people

arborlad
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Re: Neighbours claims after building work unreasonable?

Post by arborlad » Thu Mar 15, 2018 5:48 pm

orangepear wrote:We could really do with some good advice on this upsetting situation with our neighbours.

We are currently renovating our new home (not living there yet) and have just received three quotes between £5000-£8000 from garden landscape companies from our neighbours for what they consider is the damage we have caused to their property and garden during our garden work.


Please can we get some advice on what our obligations are in legal terms and what people think is fair generally.

Many thanks for all your help with this.


Were any of these quotes itemised, with an individual cost against each element of the work, do you have any before and after photos? What's reasonable to put the neighbours garden to rights, it could be argued that even the £1500 you have offered is grossly excessive to clear a bit of wisteria and replace a few sleepers, but you have to weigh against that the fact that three independent contractors have viewed the garden and consider it will cost between £5000 and £8000 to put it right.
arborlad

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Re: Neighbours claims after building work unreasonable?

Post by Eliza » Sun Mar 18, 2018 3:35 pm

span wrote:I think it's fair to say they're testing you to see how soft you are and how far they can push you.

They're clearly self-interested selfish pisstakers.

Ignore them completely and totally from now on. Don't engage on any level with them. Not even to reply rejecting their demands.
plus 1

My goodness - they are being cheeky.
Apologies for not giving exact personal details in my posts - you never know who is reading....

ukmicky
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Re: Neighbours claims after building work unreasonable?

Post by ukmicky » Mon Mar 19, 2018 8:17 pm

Coming into this late.




The law sees the natural growth of plant into a neighbours land differently to a trespass where something is deliberately taken onto a neighbours land . Normally the growth of the wisteria would be no more than a legal nuisance but as its spread was encourage by the neighbour its spread could not even be deemed a nuisance .

Once it was killed off by the OP why would it status suddenly change to an actionable nuisance requiring the owner of the wisteria to remove it . The fact that its spread was actively encouraged by the neighbour the OP would be under no obligation to remove anything even if damage was being caused .
Advice given is not legally qualified and you are advised to gain a professional opinion

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