Hedge cut down
Discussion
hi.
My parents live in a semi detached house. The neighbour died and its been bought by a developer. Today the developer has had 'gardeners' in to clear the garden cut trees and chip them all.
However, a couple of hours ago they cut down my parents hedge (the hedge between the properties). Their garden and sheds are now open to the world as the next doors garden is open to the road. Its a clear security issue for them.
I just need to know where they stand legally. They have lived there for over 50 years and have always been told the hedge belonged to them. Both when they bought the property and by successive neighbours.
However, IF the developer wants to put a fence there at his expense than that isn't the worst thing. But no one will give me his contact details which is fishy, and in my experience if it smells fishy, it is.
They (and I) would rather resolve this amicably but I think it is wise to know where they stand re the law before agreeing to anything
If anyone with legal expertise can help with any advice id be very grateful. I've called a couple of solicitors on my parents behalf today but so far the ones I've called don't want to deal with problems like these.
TIA
My parents live in a semi detached house. The neighbour died and its been bought by a developer. Today the developer has had 'gardeners' in to clear the garden cut trees and chip them all.
However, a couple of hours ago they cut down my parents hedge (the hedge between the properties). Their garden and sheds are now open to the world as the next doors garden is open to the road. Its a clear security issue for them.
I just need to know where they stand legally. They have lived there for over 50 years and have always been told the hedge belonged to them. Both when they bought the property and by successive neighbours.
However, IF the developer wants to put a fence there at his expense than that isn't the worst thing. But no one will give me his contact details which is fishy, and in my experience if it smells fishy, it is.
They (and I) would rather resolve this amicably but I think it is wise to know where they stand re the law before agreeing to anything
If anyone with legal expertise can help with any advice id be very grateful. I've called a couple of solicitors on my parents behalf today but so far the ones I've called don't want to deal with problems like these.
TIA
neilr said:
hi.
My parents live in a semi detached house. The neighbour died and its been bought by a developer. Today the developer has had 'gardeners' in to clear the garden cut trees and chip them all.
However, a couple of hours ago they cut down my parents hedge (the hedge between the properties). Their garden and sheds are now open to the world as the next doors garden is open to the road. Its a clear security issue for them.
I just need to know where they stand legally. They have lived there for over 50 years and have always been told the hedge belonged to them. Both when they bought the property and by successive neighbours.
However, IF the developer wants to put a fence there at his expense than that isn't the worst thing. But no one will give me his contact details which is fishy, and in my experience if it smells fishy, it is.
They (and I) would rather resolve this amicably but I think it is wise to know where they stand re the law before agreeing to anything
If anyone with legal expertise can help with any advice id be very grateful. I've called a couple of solicitors on my parents behalf today but so far the ones I've called don't want to deal with problems like these.
TIA
Need to establish ownership of the hedge if you can.My parents live in a semi detached house. The neighbour died and its been bought by a developer. Today the developer has had 'gardeners' in to clear the garden cut trees and chip them all.
However, a couple of hours ago they cut down my parents hedge (the hedge between the properties). Their garden and sheds are now open to the world as the next doors garden is open to the road. Its a clear security issue for them.
I just need to know where they stand legally. They have lived there for over 50 years and have always been told the hedge belonged to them. Both when they bought the property and by successive neighbours.
However, IF the developer wants to put a fence there at his expense than that isn't the worst thing. But no one will give me his contact details which is fishy, and in my experience if it smells fishy, it is.
They (and I) would rather resolve this amicably but I think it is wise to know where they stand re the law before agreeing to anything
If anyone with legal expertise can help with any advice id be very grateful. I've called a couple of solicitors on my parents behalf today but so far the ones I've called don't want to deal with problems like these.
TIA
Its criminal damage, or at least negligence. I would be pointing this out to them via solicitors and suggesting what remedy would be acceptable to you.
Also, if the didnt return the cuttings etc its theft
Thanks for the reply.
I have a feeling establishing ownership might prove almost difficult but I'll def be trying to do this.
The hedge looked awful from the other side due to the now deceased neighbour not having anything done to it in 15 years. (yes).
Undoubtedly the developer doesn't was a s
t looking hedge (from their side, my folks side of the hedge has always been well maintained. (these days by me 
) So he's just told them to remove it and then well, it's too late isn't it.
If he puts a fence/wall in that is an acceptable solution but because of the extension work that will be going on that wouldn't get done until last knockings. That most certainly isn't acceptable.. Obviously I have to find the dodgy bd before I can talk to him though which is proving equally difficult.
All it would have taken is a knock on the door and a quick chat to work something out. What an asshole.
I have a feeling establishing ownership might prove almost difficult but I'll def be trying to do this.
The hedge looked awful from the other side due to the now deceased neighbour not having anything done to it in 15 years. (yes).
Undoubtedly the developer doesn't was a s
t looking hedge (from their side, my folks side of the hedge has always been well maintained. (these days by me ) So he's just told them to remove it and then well, it's too late isn't it. If he puts a fence/wall in that is an acceptable solution but because of the extension work that will be going on that wouldn't get done until last knockings. That most certainly isn't acceptable.. Obviously I have to find the dodgy b
d before I can talk to him though which is proving equally difficult.All it would have taken is a knock on the door and a quick chat to work something out. What an asshole.
Surely the easiest way out is just to erect a fence on your side of the boundary.
May not be exactly what you want and will probably incur some cost but will be quick and simple, far less hassle and will avoid any long drawn out disputes with the developer.
If you can get to speak to them you might even be able to persuade them to pay for all or some of it. After all, if you do it it's one less thing for them to worry about.
May not be exactly what you want and will probably incur some cost but will be quick and simple, far less hassle and will avoid any long drawn out disputes with the developer.
If you can get to speak to them you might even be able to persuade them to pay for all or some of it. After all, if you do it it's one less thing for them to worry about.
Was it sold through an agent? Do you know who?
You could contact them and ask them to get in touch with the developer/buyer on your behalf, to pass on your contact details to discuss the issue.
Were the hedge trunks clearly inside the boundary line on your side, or dead on the boundary, or on their side? At least where the boundary meets the house should be determinable, if the further end is not.
You could contact them and ask them to get in touch with the developer/buyer on your behalf, to pass on your contact details to discuss the issue.
Were the hedge trunks clearly inside the boundary line on your side, or dead on the boundary, or on their side? At least where the boundary meets the house should be determinable, if the further end is not.
As said, you need to confirm ownership and decide what remedy/you want doing about it if it was yours.
Had a property where neighbor took fence and 14 foot trees down, fenced all way to the bottom incl over the right of way footpath penning the bins in before now.
It could be the developers are planning a nice looking brand new fence the owner then has to maintain at their own cost anyway, but that won't help if you really want the hedge back.
Had a property where neighbor took fence and 14 foot trees down, fenced all way to the bottom incl over the right of way footpath penning the bins in before now.
It could be the developers are planning a nice looking brand new fence the owner then has to maintain at their own cost anyway, but that won't help if you really want the hedge back.
Edited by NFT on Wednesday 13th December 16:41
blueg33 said:
Need to establish ownership of the hedge if you can.
Its criminal damage, or at least negligence. I would be pointing this out to them via solicitors and suggesting what remedy would be acceptable to you.
Also, if the didnt return the cuttings etc its theft
.. and probably trespass as well.Its criminal damage, or at least negligence. I would be pointing this out to them via solicitors and suggesting what remedy would be acceptable to you.
Also, if the didnt return the cuttings etc its theft
We had travellers at a previous house hatchet a load of shrubs / bushes to access a closed car park, police were present on site and said no offence committed. Turned out they were wrong and the council pursued them for criminal damage, even though the greenery eventually grew back, so if the hedge was theirs, it is a criminal matter.
Getting the police interested maybe a different story, but the developer either knows they owned the greenery and could cut it down lawfully, or they’ve made a mistake which may give you options in terms of making good again for the security.
Worth pursuing with a legal (looking) letter to establish damage had been done before you spend your own money to put a fence up.
Getting the police interested maybe a different story, but the developer either knows they owned the greenery and could cut it down lawfully, or they’ve made a mistake which may give you options in terms of making good again for the security.
Worth pursuing with a legal (looking) letter to establish damage had been done before you spend your own money to put a fence up.
Pica-Pica said:
blueg33 said:
Need to establish ownership of the hedge if you can.
Its criminal damage, or at least negligence. I would be pointing this out to them via solicitors and suggesting what remedy would be acceptable to you.
Also, if the didnt return the cuttings etc its theft
.. and probably trespass as well.Its criminal damage, or at least negligence. I would be pointing this out to them via solicitors and suggesting what remedy would be acceptable to you.
Also, if the didnt return the cuttings etc its theft
The problem is that it’s notoriously difficult to demonstrate hedge ownership.
I had a similar situation at a rental property, with a neighbour cutting down several conifer trees. When confronting the neighbour, the neighbour's excuse was that although the trees were on my rental garden/land, the neighbour had originally planted the trees.
Although I was glad to seeing the trees removed, I was still piffed off at the neighbour removing the trees without first consulting with me. However, I decided it was not worth pursuing the issue through the courts, allowing the neighbour to erect a boundary fence.
Still bugs me though, with my advice to the OP to approach the developer to seek a mutual settlement.
Although I was glad to seeing the trees removed, I was still piffed off at the neighbour removing the trees without first consulting with me. However, I decided it was not worth pursuing the issue through the courts, allowing the neighbour to erect a boundary fence.
Still bugs me though, with my advice to the OP to approach the developer to seek a mutual settlement.
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