Having neighbour change what is on the boundary

Discussion in 'General Gardening Discussion' started by richard6298, May 27, 2015.

  1. richard6298

    richard6298 Gardener

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    Hi. Years ago the neighbours (long gone) planted some kind of conifer at the back of their property, just before the fence on his side. Now, these trees are really quite high and and to some degree blocking light. The old fence is gone, and quite recently the neighbour who now lives there, put up a new fence in front of these trees. It would be better for us if those trees were replaced with some kind of privet or vegitation suitable as a barrier.

    My idea would be to say to my neighbour: Let me have the trees taken down, and I'll put up new hedging. Not sure what chances I'd have though. Not everyone is accomodating.

    Any thoughts on what hedging I could "tempt" my neighbour with. :-) Or, any other general comments. Thanks.
     
  2. Sixtie7

    Sixtie7 Gardener

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    I think a lot depends on how well you get on with your new neighbour
    Also you want to be sure you're not making a rod for your own back, in paying for tree removal, paying for hedge reinstatement and being expected to pay for hedge maintenance thereafter for what is essentially their boundary
     
  3. clanless

    clanless Total Gardener

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    Hi Richard,

    Sounds a bit tricky as the trees are on your neighbours land. How about offering to pay to have the trees professionally pruned - to keep the shape but to reduce the height - ensuring that the height still provides for privacy (if used for such).

    If they are agreeable to cutting down the trees - then an 'instant' hedge might well be the answer - you can purchase 'blocks' of hedging units.

    Personally, I'd go for option 1 - you may well have a issues with the tree roots obstructing any new hedge.

    Thanks,
    Chris
     
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    • richard6298

      richard6298 Gardener

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    • pete

      pete Growing a bit of this and a bit of that....

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      Sounds like your neighbour has a bit of cheek, putting his fence the other side of the trees, kind of making statement that they are not his problem.

      Not sure I like the unsupported earth bank either, makes the trees appear to be very unstable in strong winds.
       
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      • richard6298

        richard6298 Gardener

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        Well, the original fence was a wooden one and it ran pretty much in line with those metal poles. I said I'll put a fence up where the old fence was and I'll seek to manage the trees. Because I was tardy in putting up the fence, the neighbour has gone and put up his fence, but this time in front of the trees. Trees must be getting near 30 feet high now. As to the bank, well, that's my doing. Aim to put in a supporting wall. All I can do is seek to come up with some scheme and pitch it to the neighbour. Really those trees need cutting in half. At least.
         
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        • WeeTam

          WeeTam Total Gardener

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          Id be tempted to wait till they go on holiday and then get someone in to completely remove them. Keep the wood for a short time and offer it back to him.
           
        • JazzSi

          JazzSi Super Gardener

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          First thing to do is ask, I had a similar situation, although I was the new neighbour, the existing neighbours conifer hedge was a good 4 feet into my garden, when I asked if I could cut it back the neighbour agreed then offered to pay for a new fence if I removed the conifers completely.
           
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          • martin-f

            martin-f Plant Hardiness Zone 8b

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          • ARMANDII

            ARMANDII Low Flying Administrator Staff Member

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            Leylandii Law
            The current legislation on high hedges comes under Section 8 of the Anti-Social Behaviour Act (2003). This allows councils to take action where the hedge has grown to a height where “the hedge is adversely affecting the complainant’s reasonable enjoyment of their property”. See below to view the full document.

            "Key points

            In most cases, you do not need permission to plant a hedge on your property but you are responsible for looking after the hedge.

            There are no laws on how high the hedge can be grown but a council can take action if it is affecting someone’s reasonable enjoyment of their property, so maintaining your Leylandii hedge well from the start is recommended. See our Care section for advice on how and when to trim your Leylandii hedge.

            If part of the Leylandii hedge grows over the boundary (foliage or roots), owners of the neighbouring property have the right to cut it back to the boundary. However, anything you cut remains their property so you should check what the owner wants you to do with the trimmings. It is best not to throw them back over into the your neighbour’s garden but to stack it neatly.

            If you have a hedge and part of it breaks or falls, or if it damages your neighbour’s property, you could be liable for any costs for compensation or repairs. This includes pushing over fences.

            If a hedge is dangerous or obstructs a public path or pavement, your local council can take action to force you to trim it back.

            The Anti-Social Behaviour Act (2003) only applies to:



            • hedges of two or more evergreen or mostly evergreen trees, not to individual trees
            • hedges over two metres tall
            • hedges affecting domestic property


            Preventing Disputes

            Have consideration for your neighbours. Don’t grow a Leylandii hedge to a height that will affect the reasonable enjoyment of their property. This includes cutting out light or blocking a cherished view.

            Trim your Leylandii hedge once or twice a year and it will benefit by growing thicker and denser.

            Remember that keeping a hedge below 2-3 metres means it is much easier to trim.

            Resolving Disputes

            If you have a neighbour who has let a hedge grow to a height that you think is unreasonable, you can complain to the council but you need to show that all other means of resolving the dispute have been tried and have failed (you need to keep evidence of this) before a council will act.

            It’s good to talk

            The best way to resolve the issue is to try and talk to the owner of the hedge about the problem to see if a solution can be reached.Pop round and talk to them face-to-face if possible. Sometimes if you are reasonable and explain your point of view, a comprise can be reached.

            Mediation

            If this is not possible or you cannot agree about what to do about the hedge, then you should consider mediation. This means asking an independent person to help you understand each other’s point of view. This is usually free of charge, however, you must both be willing to try and find a solution. You can contact Mediation UK on 0117 904 6661 for details of your nearest service. If they do not want to go through a mediation process, at least you will have evidence that you have tried this means of resolving the problem. Keeping records (diaries of contact, letters, etc) is important.

            Action
            If all of the above has failed, you can either contact your council or your solicitor. Unfortunately, both will charge a fee. Sometimes a letter from a solicitor is enough to prompt the owner of the hedge to cut it back. If not, you can contact your local council for a complaint form.

            If your council or local authority agrees with you that reasonable enjoyment of your property is being affected by the hedge it can take action to force the owner to cut the hedge back to a “reasonable” height. There is no set height as this will depend on a number of factors such as

            • How close your nearest window is to the hedge
            • The size of your garden
            • The length of the hedge
            • The compass direction of the hedge from the garden (N, S, SW, E, etc)
            • The distance the hedge is from the boundary
            • The slope of the garden
            A report commissioned by the Office of the Deputy Prime Minister (now the Department of Communities and Local Government) called High Hedges and Light Loss was published in 2004. This produced an Excel spreadsheet that calculated an “Action Hedge Height” based on the factors listed above. Both the document and spreadsheet can be downloaded from the Communities and Local Government Website http://www.communities.gov.uk/publications/planningandbuilding/hedgeheight

            The owner of the hedge cannot be forced to cut the hedge below 2 metres in height or to remove it entirely. If your neighbour fails to cut the hedge, they could be prosecuted and fined £1000."
             
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            • nFrost

              nFrost Head Gardener

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              If the hedge is now on your side of the fence I think you may have more power to do want you want to them e.g. cut them down completely. I can't remember if it's the fence or the boundary that decides this though.
               
            • martin-f

              martin-f Plant Hardiness Zone 8b

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              Also worth checking the deeds to the house, its not set in stone the left hand side is yours.
               
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              • Sheal

                Sheal Total Gardener

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                I think it's probably the boundary nFrost.
                 
              • Sixtie7

                Sixtie7 Gardener

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                Definitely agree with this, our house we own both front and rear boundaries with our neighbour and as we're a detached corner plot, we own the other side too! :D
                 
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                • NCFCcrazy

                  NCFCcrazy Super Gardener

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                  Speak to them first, sure, not everyone is accommodating but don't be put off by the stuff you see in the press, most people are perfectly reasonable. Worth pointing out that the trees are on their land, they may not be aware and think they belong to you.

                  I am in a not so dissimilar position, the border between mine and my neighbours front garden have never been firmly defined by fence, hegde, etc but its never been a problem as we get on. They are now moving and have decided that I need to formalise the boundary.
                   
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