'Neighbours' ruined my hedge. What do I do?
Discussion
Hi everyone!
Some people may recognise me from postings about laser speed detection and other related stuff, and there is not much which annoys me enough to start a thread, but this is outside my area of legal expertise so would appreciate any thoughts or experiences anyone has had in the past.
I came back from a trip out this afternoon to find that the hedge which borders the edge of my property has had between 4 and 6 feet taken off it my my neighbour. My property is quite a large one and runs along the back of three houses on the next cul-de-sac to mine, thus these are neighbours I have never met.
The hedge itself is about 20 years old and has been maintained well. It is planted about a foot inside the boundary with the three other houses and the boundary is marked with a fence which runs along the back of all three properties and the side of mine. It seems that the middle house has thought it necessary to cut the 'middle bit' out of my hedge. I fully realise that they are well within their rights to prune any branches which encroach into their property, however I have got on stepladders to find that not only have they pruned branches, they have also 'topped off' the hedge which meant they would have had to reach about two feet over the boundary to do so. This isnt just a trim either, they have hacked at the *vertical* trunks which are completely on my property. All that is left of the hedge above 7-8 feet (as they didnt even cut it straight!) is a few spindles really overhanging my garden which presumably they couldnt reach!
I am proud of my house and work hard to pay for it and keep it looking good. Part of the reason which sold it to me was that it was not overlooked due to the mature hedge on my property. The offending neighbour now has a good view of my driveway and garden from their upstairs windows.
I think what has happened is that yesterday a guy came to the door to offer me a free quote to professionally trim the hedge (at £130 its not a small job) and I heard shuffling in their garden through the hedge. They heard us discussing how much I wanted cut off to which I just wanted to keep the mature part of the hedge there and just trim and tidy it. I do not think it is coincidence that after me being in the property for 2 1/2 years that they decide to cut my hedge the day after they overhear this conversation. I reckon they hacked at it on purpose to force me into cutting the whole hedge to the height they want.
I now need to get someone in to do a proper job to either cut it at the same legth all the way along, which considering that a trim was £130 will be much more expensive or try to get them to make the best of a bad job.
I wouldnt have minded as much if they would have come to talk to me about it beforehand, furthermore I not have had any problems with then just trimming their side, however cutting my trees on my property is nieve at best and just bloody minded at worst. I have had plans and quotes done to completely remodel the front of the house and driveway area, all of which with the hedge very much intact as it as a feature of the property.
My question is, what do i do now?
What is the legal situation? Can I claim the cost of fixing it, or even the damage caused to my property which will take years to grow back, *if* it can grow from the hacking and feathering of the main trunks.
My other question is do my neighbours have any right to ask me to keep the hedge at a particular height, as I dont want to make the situation worse for me by taking the matter further. The 'Right to Light' legislation is there, but I dont really know the ins and outs and regardless of this the hedge must be 15-20 metres away from their house at the bottom of the garden.
Thanks in advance for anyone who has read this far, i realise it is long but though I should put in all the relevant facts. Thanks also to anyone who knows the answers or can contribute with ideas.
Cheers everyone!
Some people may recognise me from postings about laser speed detection and other related stuff, and there is not much which annoys me enough to start a thread, but this is outside my area of legal expertise so would appreciate any thoughts or experiences anyone has had in the past.
I came back from a trip out this afternoon to find that the hedge which borders the edge of my property has had between 4 and 6 feet taken off it my my neighbour. My property is quite a large one and runs along the back of three houses on the next cul-de-sac to mine, thus these are neighbours I have never met.
The hedge itself is about 20 years old and has been maintained well. It is planted about a foot inside the boundary with the three other houses and the boundary is marked with a fence which runs along the back of all three properties and the side of mine. It seems that the middle house has thought it necessary to cut the 'middle bit' out of my hedge. I fully realise that they are well within their rights to prune any branches which encroach into their property, however I have got on stepladders to find that not only have they pruned branches, they have also 'topped off' the hedge which meant they would have had to reach about two feet over the boundary to do so. This isnt just a trim either, they have hacked at the *vertical* trunks which are completely on my property. All that is left of the hedge above 7-8 feet (as they didnt even cut it straight!) is a few spindles really overhanging my garden which presumably they couldnt reach!
I am proud of my house and work hard to pay for it and keep it looking good. Part of the reason which sold it to me was that it was not overlooked due to the mature hedge on my property. The offending neighbour now has a good view of my driveway and garden from their upstairs windows.
I think what has happened is that yesterday a guy came to the door to offer me a free quote to professionally trim the hedge (at £130 its not a small job) and I heard shuffling in their garden through the hedge. They heard us discussing how much I wanted cut off to which I just wanted to keep the mature part of the hedge there and just trim and tidy it. I do not think it is coincidence that after me being in the property for 2 1/2 years that they decide to cut my hedge the day after they overhear this conversation. I reckon they hacked at it on purpose to force me into cutting the whole hedge to the height they want.
I now need to get someone in to do a proper job to either cut it at the same legth all the way along, which considering that a trim was £130 will be much more expensive or try to get them to make the best of a bad job.
I wouldnt have minded as much if they would have come to talk to me about it beforehand, furthermore I not have had any problems with then just trimming their side, however cutting my trees on my property is nieve at best and just bloody minded at worst. I have had plans and quotes done to completely remodel the front of the house and driveway area, all of which with the hedge very much intact as it as a feature of the property.
My question is, what do i do now?
What is the legal situation? Can I claim the cost of fixing it, or even the damage caused to my property which will take years to grow back, *if* it can grow from the hacking and feathering of the main trunks.
My other question is do my neighbours have any right to ask me to keep the hedge at a particular height, as I dont want to make the situation worse for me by taking the matter further. The 'Right to Light' legislation is there, but I dont really know the ins and outs and regardless of this the hedge must be 15-20 metres away from their house at the bottom of the garden.
Thanks in advance for anyone who has read this far, i realise it is long but though I should put in all the relevant facts. Thanks also to anyone who knows the answers or can contribute with ideas.
Cheers everyone!
http://freespace.virgin.net/clare.h/a
http://money.guardian.co.uk/personal/
www.letsgogardening.co.uk/Information/gardeninglaws.htm
A few if of help but they have broken the law. Call a Solicitor tomorrow.
http://money.guardian.co.uk/personal/
www.letsgogardening.co.uk/Information/gardeninglaws.htm
A few if of help but they have broken the law. Call a Solicitor tomorrow.
Cupressus Leylandii = ahhh has it got bigger over the years or been maintained at the same height?? should be all burnt IMHO.
Some new laws have very recently been introduced about these specific hedges (big f/o trees really) don't know for sure on the latest rulings as it's been a while since I was involved, a very long while. Would be worth contacting the borough councils "Arboricultural Officer" (tree expert to most peeps)
Otherwise it's fefinately trespass & criminal damage, did they drop the bits back over on your side out of interest?
Cptsideways - ex Arboricultural Professional of the early 80's
Some new laws have very recently been introduced about these specific hedges (big f/o trees really) don't know for sure on the latest rulings as it's been a while since I was involved, a very long while. Would be worth contacting the borough councils "Arboricultural Officer" (tree expert to most peeps)
Otherwise it's fefinately trespass & criminal damage, did they drop the bits back over on your side out of interest?
Cptsideways - ex Arboricultural Professional of the early 80's
justinp1 said:
Its a leyland cypress. Although they have a bad reputation they have been well maintained and the hedge has been there at least 15 years without a problem.
Well there lies your problem, the horrid leyland cyprus that has been growing higher and higher over 15 years!
You state they have chopped off approx 6 feet leaving about 8 feet.
So it must have been approx 14 feet high. Hardly necessary for it to be that high surely?
Must be hell for them to trim back for them. They must need scaffolding to do it.
Learn to live with it and at a much more reasonable height.
Hardly worth a full scale row over it, ugly stuff that you can't plant anywhere near.
Sorry, no sympathy here
Would love to see the theft angle taken to court...
What they've done is plain bad neighbourliness. You should try to resolve it in a good neighbourly way, and I think that will require a chat with them - calmly - before anything else. Complaints to Police and Court action are burdensome and can follow later (but not a lot later).
What they've done is plain bad neighbourliness. You should try to resolve it in a good neighbourly way, and I think that will require a chat with them - calmly - before anything else. Complaints to Police and Court action are burdensome and can follow later (but not a lot later).
maxed said:
justinp1 said:
Its a leyland cypress. Although they have a bad reputation they have been well maintained and the hedge has been there at least 15 years without a problem.
Well there lies your problem, the horrid leyland cyprus that has been growing higher and higher over 15 years!
You state they have chopped off approx 6 feet leaving about 8 feet.
So it must have been approx 14 feet high. Hardly necessary for it to be that high surely?
Must be hell for them to trim back for them. They must need scaffolding to do it.
Learn to live with it and at a much more reasonable height.
Hardly worth a full scale row over it, ugly stuff that you can't plant anywhere near.
Sorry, no sympathy here
Your likes and dislikes matter not one jot - there is a case in principle here. This was an act of criminal damage and common trespass and the perpetrators should be brought to book over it. This is Chav mentality at its very worst - selfish, mindless vandalism. If they did not like the hedge, they should have complained about it to the owner, not just taken it into their own hands to destroy it. Bizzies and solicitor post haste, mate - you give them an inch and they'll take a bloody mile...!
citizens advice would be my first point of call
but these monsters need more than 1 foot between you and the boundry
i dont condone what they did but this may be a can of worms you are opening tread carefully
and if you really dont want them looking get planning permission and put a obstruction there
a two story garage with lift maybe
revenge is a dish best served cold
but these monsters need more than 1 foot between you and the boundry
i dont condone what they did but this may be a can of worms you are opening tread carefully
and if you really dont want them looking get planning permission and put a obstruction there
a two story garage with lift maybe
revenge is a dish best served cold
MGBGT said:
Bizzies and solicitor post haste, mate - you give them an inch and they'll take a bloody mile...!
Since this thread was started the stuff has probably grown another foot
Bib won't want to know as not their remit.
Solicitors it is with a hefty bill to incur.
If the owners aren't careful they could finish up with an order to keep it maintained to a certain height.
Reckon that's what the "vandals" are aiming to get and using the "backdoor" method to get it.
7db said:
Would love to see the theft angle taken to court...
I've seen items of low value taken to court before.
It is, as you know, the dishonest appropriation of another's property with the intent to permanently deprive them of it.
Dishonest? Yep. Unless he had given notice etc.. or had some court order.
Appropriation? Well, the branches have gone.
Anothers property? You own the trees in your garden (unless you sell the house, but that is another story).
Intent to permanently deprive? He hasn't put the hedge back over which he is required to do, and if he had done so, that would still permit an action in trespass to chattels.
I would certainly however go and have a word and ask him what he was playing at, before taking any litigious action.
Firstly I would avoid at all costs going down the solicitors route,
like with divorces if you can avoid them and do things amicably usually better all round....
Also whatever happens, your hedge isn't going to magically grow back is it???
Having said that, they had no right to do what they did, but they obviously thought they had a problem so they should have come round to discuss it with you, and a sensible comprimise could have been found...
I might be wrong, but I always thought the limit for these things was 2 metres approx....
Tricky one this......
like with divorces if you can avoid them and do things amicably usually better all round.... Also whatever happens, your hedge isn't going to magically grow back is it???
Having said that, they had no right to do what they did, but they obviously thought they had a problem so they should have come round to discuss it with you, and a sensible comprimise could have been found...
I might be wrong, but I always thought the limit for these things was 2 metres approx....
Tricky one this......
maxed said:
MGBGT said:
Bizzies and solicitor post haste, mate - you give them an inch and they'll take a bloody mile...!
Bib won't want to know as not their remit.
This kind of thing really annoys me: Not their remit? Well if theft and criminal damage is not their remit, then what is?
The police are there to uphold the law and take to task those who break it. They shouldn't be able to choose which laws they decide to upkeep!!!!
Virgil...
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