Private hedge destroyed by neighbors contractors

[vxr8mate]

Hi All

My Father has had his garden hedge ruined by the neighbour's contractors. They simply ripped up a large section of the dividing hedge without his permission, so now he has a gaping hole between his garden and theirs.

They have since told him they intend to erect a fence on their side of the hedge, but with the missing hedge section, his side would look ridiculous.

The workers seem to be just two guys that don't really know what they are doing, ripping up fences, burning other neighbours gardens and blaming each other.

My questions are, who is liable for the damage to my Fathers hedge (the workmen or owner of the property they are working in), what should he expect to put it right (it's not like they can simply put another 7ft hedge back) and how should he proceed as it appears these guys are just messing him about?

Thanks in advance.

[Welsh_Meat]

I wondered similar when we were doing work to our house... after researching the net

Your father would need to take his neighbors to court for damages and then the neighbor would then claim against his builders and their insurance

[vxr8mate]

Welsh_Meat said:

I wondered similar when we were doing work to our house... after researching the net

Your father would need to take his neighbours to court for damages and then the neighbour would then claim against his builders and their insurance

Thanks, that makes sense.

Problem is his neighbour has only recently purchased the property and seems to be having work done on it before he moves in or rents it out. How might he find out who the property owner is?

[Welsh_Meat]

vxr8mate said:

Welsh_Meat said:

I wondered similar when we were doing work to our house... after researching the net

Your father would need to take his neighbours to court for damages and then the neighbour would then claim against his builders and their insurance

Thanks, that makes sense.

Problem is his neighbour has only recently purchased the property and seems to be having work done on it before he moves in or rents it out. How might he find out who the property owner is?

Thinking out loud and looking to get a message to the owners quicker...
if the for sale /sold sign is still up or you know who the estate agent was, that sold the property... you could approach them and ask them to pass on a note to the new owners as there workers have caused damage to yours/fathers property

[PAULJ5555]

Question for the legal bods, if this hedge belongs to the OP's dad and he had give no permission for any work, will the police get involved for criminal damage?

[RedWhiteMonkey]

PAULJ5555 said:

Question for the legal bods, if this hedge belongs to the OP's dad and he had give no permission for any work, will the police get involved for criminal damage?

Surely it is a civil law matter, why would the police get involved?

[4x4Tyke]

RedWhiteMonkey said:

PAULJ5555 said:

Question for the legal bods, if this hedge belongs to the OP's dad and he had give no permission for any work, will the police get involved for criminal damage?

Surely it is a civil law matter, why would the police get involved?

The clues in the description, criminal damage.

[PAULJ5555]

RedWhiteMonkey said:

PAULJ5555 said:

Question for the legal bods, if this hedge belongs to the OP's dad and he had give no permission for any work, will the police get involved for criminal damage?

Surely it is a civil law matter, why would the police get involved?

Damage to property? Dont know where the line is on this one. Does all criminal damage have to be intentional.

[poo at Paul's]

I doubt they would be interested in doing anything, but criminal damage is criminal damage.

There's rules on what can be done to hedges, cutting back to the boundary is pretty much it, and offering the clippings back to the owner. Everyone knows this, contractors know this as does the owner. They are taking the piss, as is the new owner, you don't just let guys do stuff like that willy nilly,
Sounds like the new owner doesn't give a crap and hires workmen who are similar. Your dad should certainly report it to the police, he should also inform the workers not to touch any more of his property, and try to serve the owners of such information too. I think even a letter through the door is better than nothing.

Shyster trick, I suspect your dad is in for lots of bother with the new neighbour, sadly.

[mike74]

What type of trees are in the hedge?

You can buy 'instant hedges' with trees up to 6ft tall

(Not saying your father should foot the bill, just that a pretty 'instant' solution can be found, given a couple of seasons growth for them to fill out)

[TooMany2cvs]

vxr8mate said:

My questions are, who is liable for the damage to my Fathers hedge (the workmen or owner of the property they are working in)

The workmen, unless they can demonstrate that the owner instructed them to do that.

vxr8mate said:

what should he expect to put it right (it's not like they can simply put another 7ft hedge back)

A hedge that will tie in within a relatively short period of time can easily be planted. Basically, no different to what would be done if a car had driven through the hedge, and the insurer were paying.

vxr8mate said:

and how should he proceed as it appears these guys are just messing him about?

I doubt pushing for criminal damage will get very far. The quickest and easiest way to move forward is probably to pay to get the hedge sorted, then hand the bill over to the workmen. If they don't pay it, then take them to court as a small claim. If their defence is that they did what they were ordered to do, and can prove that to the court's satisfaction, then it's simply a case of re-issuing the claim against the neighbour.

[Greendubber]

Who's land is it on and what do the deeds etc show as the boundary?

[TwigtheWonderkid]

vxr8mate said:

(it's not like they can simply put another 7ft hedge back)

I'm sure you can. You can buy fully grown trees, so I'm sure you can buy a 7ft hedge. Will not be cheap, that's for sure.

[vxr8mate]

Thanks to all.

I never realised there was such a thing as replacement hedges, but seems logical allowing for accident damage etc.

I wonder if he could claim off his buildings insurance policy (if it allows of course) and get them to sort out the claim?

[Welsh_Meat]

vxr8mate said:

Thanks to all.

I never realised there was such a thing as replacement hedges, but seems logical allowing for accident damage etc.

I wonder if he could claim off his buildings insurance policy (if it allows of course) and get them to sort out the claim?

They should have 'public liability insurance' to claim against

Good luck with that - i wouldn't think the builders will want anything claimed against their policy

[BonzoG]

vxr8mate said:

How might he find out who the property owner is?

Land Registry. Costs £3 to do a title search.