Boundary Fence Definition?

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Discussion

dr_gn

Original Poster:

16,163 posts

184 months

Monday 16th January 2017
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Mr GrimNasty said:
dr_gn said:
Mr GrimNasty said:
What he did was criminal damage and you should have involved the police, they will probably be reluctant to get involved but you should press, at very least a visit from the neighbourhood PCSO and a warning.

In fact you should probably still report it, so there's a record if he does it again.

He knows exactly what he did and that it was not acceptable, don't fall for that nonsense.

And yes you sound like you are in danger of losing the plot and becoming the problem too - long deep breath and stop thinking about Berlin walls!
It's not criminal damage, it's not a Police matter. If it was, things would be considerably easier.
Yes it is, yes it is. Don't know who you are taking legal advice from, but you should shoot them.
The Police? My solicitor?

GetCarter

29,381 posts

279 months

Monday 16th January 2017
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chockymonster said:
2m is 8ft
That's just weird.

fido

16,797 posts

255 months

Monday 16th January 2017
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dr_gn said:
It's not criminal damage, it's not a Police matter. If it was, things would be considerably easier.
Cutting down the tree is criminal damage. The trespass bit is a civil offence.

dingg

3,989 posts

219 months

Monday 16th January 2017
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GetCarter said:
chockymonster said:
2m is 8ft
That's just weird.
its just like 6" is 8" innit hehe

dr_gn

Original Poster:

16,163 posts

184 months

Monday 16th January 2017
quotequote all
fido said:
dr_gn said:
It's not criminal damage, it's not a Police matter. If it was, things would be considerably easier.
Cutting down the tree is criminal damage. The trespass bit is a civil offence.
That's not what I was told. I called the police for advice when I saw what had happened and they said damage to trees wasn't a criminal offence so they wouldnt get involved. This was confirmed by a solicitor who said I could try to claim for a replacement tree/ shrubs through loss of privacy, not compensation through criminal damage. He also said damages (if any) would be at the discretion of a judge.

That's about it. Have I really been given duff info by both the police and a solicitor who specialises in disputes such as this? It's a pretty simple scenario, I've not missed any show-stopping information I don't think.


fido

16,797 posts

255 months

Monday 16th January 2017
quotequote all
dr_gn said:
I called the police for advice ..
Okay, I see where you went wrong .. I would have demanded they come round - criminal damage to my property etc.

dr_gn

Original Poster:

16,163 posts

184 months

Monday 16th January 2017
quotequote all
fido said:
dr_gn said:
I called the police for advice ..
Okay, I see where you went wrong .. I would have demanded they come round - criminal damage to my property etc.
Bit difficult to demand that, when you're the one asking advice and being told that it's NOT criminal damage and that therefore they wouldn't get involved.

kinabalu

240 posts

199 months

Tuesday 17th January 2017
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I'm interested in this as well, the OP original question, can anyone answer it, how far in can he build what he wants?

I've just built a fence on a sloping boundary, 10 foot 4 x 4 sunk 3 ft into the ground so on my side it's 7ft high, the other more like 9, try getting over that!!

I placed it 6 inches inside the boundary.

dr_gn

Original Poster:

16,163 posts

184 months

Tuesday 17th January 2017
quotequote all
kinabalu said:
I'm interested in this as well, the OP original question, can anyone answer it, how far in can he build what he wants?

I've just built a fence on a sloping boundary, 10 foot 4 x 4 sunk 3 ft into the ground so on my side it's 7ft high, the other more like 9, try getting over that!!

I placed it 6 inches inside the boundary.
I think there is a requirement for planning permission for a structure - such as a platform - over 1m in height, anywhere in a garden. So for a treehouse for example, you need planning permission, but for a conifer, presumably you don't?

randlemarcus

13,524 posts

231 months

Tuesday 17th January 2017
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Isn't that only for permanent things?

Surely your new hobby of restoration of cricket sight screens doesn't count?

hidetheelephants

24,357 posts

193 months

Tuesday 17th January 2017
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Woman prosecuted for criminal damage to a tree; so clearly there's at least one lot of cops and CPS who think it is criminal damage.

Can I sue my neighbour for cutting down my tree? Probably yes.

It's fixable...

468 posts

205 months

Tuesday 17th January 2017
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8 foot is 2.44 metres surely ?????

6 foot is 1.83 metres

dr_gn

Original Poster:

16,163 posts

184 months

Tuesday 17th January 2017
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randlemarcus said:
Isn't that only for permanent things?

Surely your new hobby of restoration of cricket sight screens doesn't count?
Hmmm, a movable screen isn't a fence, because it's not permanent. Interesting idea.

hyphen

26,262 posts

90 months

Tuesday 17th January 2017
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Did this just happen out of the blue? Or did you and neighbour discuss the issue prior.

dr_gn

Original Poster:

16,163 posts

184 months

Tuesday 17th January 2017
quotequote all
hyphen said:
Did this just happen out of the blue? Or did you and neighbour discuss the issue prior.
Completely out of the blue.

hyphen

26,262 posts

90 months

Tuesday 17th January 2017
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Blimey, I would be taking all (legal) steps I could think of to make his life a misery.

thelawnet1

1,539 posts

155 months

Wednesday 18th January 2017
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why do you have a leylandii hedge in the middle of your garden, rather than on the edge?

did he ever mention that you have a nasty leylandii in your garden, and could you trim the evil thing?

if your hedge was above 2m tall and you refused to cut it down, what he did was fair enough tbh.

Pip1968

1,348 posts

204 months

Wednesday 18th January 2017
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I do not think that the 2m (18ft ha ha ha....) applies to things that grow such as leylandii, laural, beech, yew or any other hedge.

As for the woman who cut someones trees down they may well have had presevation orders on them. If not I do not know the legality of trimming someone elses trees (overhanging branches aside).

Personally I would not get involved in any big legal thing with your neighbour though. If he does not understand what he did was wrong I would either get a solicitor to write to him or/and the police to speak to him. Is he very old???

I was speaking with someone the other day in Brighton "They are my trees why can I not cut them down"....... Some people just do not get it. Brighton has preservation orders on all the trees in their area. Rightly so too if not a bit of an overzealous. Global warming and flooding abounds but most people want to turn their property into car parks encouraging water run off. (Rant over)

Pip

dr_gn

Original Poster:

16,163 posts

184 months

Wednesday 18th January 2017
quotequote all
thelawnet1 said:
why do you have a leylandii hedge in the middle of your garden, rather than on the edge?

did he ever mention that you have a nasty leylandii in your garden, and could you trim the evil thing?

if your hedge was above 2m tall and you refused to cut it down, what he did was fair enough tbh.
It's not in the middle of my garden - it's about 2m from the boundary, and it's on the periphery of my lawn, which is on a kind of plateau. My land slopes down to the fence. The garden is huge, so 2m is irrelevant to me, and it formed a nice barrier between my neighbours and us. The lilandi is my choice - I value my privacy; if I decide I don't want to see any of his house (including the roof) I will let it grow 20 ft high if I wish. I'll also build an unsightly concrete wall on the boundary to the legal limit of height so he can sit and look at that too (I won't see it). If he has a problem, it's entirely his fault.

If I can build a 12 foot wall within the 2 m slope, I'll do that instead, hence the original question (which I'm still not clear on the answer to).



megaphone

10,725 posts

251 months

Wednesday 18th January 2017
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I'd love to her the neighbour's side of the story on this one.