leylandii hedge

Discussion in 'Other Plants' started by carlh2269, Oct 31, 2012.

  1. carlh2269

    carlh2269 Apprentice Gardener

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    hi all.
    my leylandii grows right up against a 7' ft panel fence, which is 30' long. the leylandii is now about 3-4' taller than the fence, in places. my neighbour has started giving me grief about the height and a few branches overhang the boundary by 2-3'. there are no loss of light issues. my plan is to grow the leylandii to the base of the upstairs window ledge. does the current legislation allow me to do this without the neighbour trying to force me to lop the height by threatening to go to the local authority.
     
  2. clueless1

    clueless1 member... yep, that's what I am:)

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    Hello and welcome.

    I'm afraid I can't tell you want you want to hear.

    The law is, as is usually the case in the laws of England and Wales, ambiguous. However it does say that a hedge should usually not exceed 8ft in height.

    Regardless of the law, I can understand you're neighbour's concerns. With leylandii, it is not just about the light being blocked (or not). Leylandii rapidly takes all the water and nutrients from the soil, so even if your hedge above the soil surface is entirely on your side, the roots will be well and truly invading your neighbour's garden. Unless they are pumping huge amounts of feed into their garden, they will be having a hard time to get anything to grow, and digging the borders for them will involve having to cut through the roots of your hedge. Once established, it is not unusual to find 4 inch thick roots just a couple of inches below the surface, and it makes maintaining a nice garden a real nightmare.

    I would suggest the best thing is to talk the neighbour. If you are determine to grow a big leylandii hedge, maybe you could offer to help them with their garden, possibly by buying them lots of rotted manure to keep their starving borders nourished.

    Remember that your neighbour is legally allowed to hack off any part of your hedge that encroaches on their property, either above or below the ground, and you will be liable for any damage that your hedge does to their property, including damage to drains and foundations etc.
     
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    • al n

      al n Total Gardener

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      I'm with clue on this.

      I can't stand them, and I think they should be banned in all residential areas. Hideous plants/trees/triffids/nuisances that cause more fall outs than anything else with neighbours.

      Harsh words, yes, but most people who plant them don't know

      A- how fast they grow
      B-what damage they do re the soil and all the nutrients they take
      C-leave them to their own devices

      If I were you, take them oot and replace with a nice variegated laurel instead. Your neighbour would thank you for it, and you might even get a chrimmy card this year and an invite for a cup o char. :blue thumb:
       
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      • carlh2269

        carlh2269 Apprentice Gardener

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        thanx for the prompt replies fellow members. the soil issue is a no brainer as on their side they have slabbed their entire front garden. the right to light issue is also ok as when you take into consideration the height/length and apply the formula to calculate light/shade i am well legal. we have a bad history with this particular neighbor and only exchange communications on a legal basis. they are trying to involve the local authority to try and cause trouble but i think that i have no case to answer to . if they want to trim the overhanging branches then it'll be at their own cost.
         
      • clueless1

        clueless1 member... yep, that's what I am:)

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        It sounds like you're determined to stick to your guns. Your choice of course.

        I'm glad I'm not in your position though. I think its unfortunate that you can't communicate with your neighbour except on legal issues.

        To sum up my understanding of the situation though (and I may have misinterpreted you):
        * You intend to knowingly grow an oversized hedge (8ft is the usual legal limit)
        * You don't care that your trees are invading your neighbour's property
        * You now know that Leylandii roots can cause serious damage to property if left to grow to big, but you intend to let that happen anyway
        * You will be liable for any damage caused by your trees
        * You are allowing the dispute to get to the legal battle stage without even considering your neighbour's point of view.

        I'm not going to judge, its none of my business. But being purely objective, I think you will be the one to lose in the long term, because in all liklihood you will be ordered to cut your hedge to under 8ft, in which case your neighbour will have every right to be smug, knowing that they won. If that doesn't happen, then sooner or later when you're neighbour claims off their buildings insurance for damaged drains etc, and their insurer's surveyor works out it was your trees that did it, and so their insurer claims off your insurer, your insurance premium will go through the roof, and you'll be told to cut the trees anyway otherwise nobody will insure you.

        Good luck in your forthcoming dispute. I genuinely hope that all parties can find a mutually acceptable compromise.
         
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        • Sheal

          Sheal Total Gardener

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          Leylandii is known to many members on here (GC) as a thug. I personally have had problems. My neighbour kindly removed his hedge a year ago which was planted just ten feet away from my drains and house. It damaged my drains and house foundations twice. The hedge was there when both he and I moved into our properties and had reached a height of fourteen feet. The roots have a tremendous spread and will destroy (as in my case) drains and foundations in search of water. The taller they grow the more the root spread.

          A word of warning! I was lucky enough to be able to claim on my own house insurance for the damage on both occasions, but my insurance company said if there was a third claim they would be seeking the cost of repairs from my neighbours insurers.

          Personally I wouldn't plant Leylandii within forty feet of any building or mains service. :)
           
        • Kristen

          Kristen Under gardener

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          Leylandii is a nightmare, there are several far better alternatives you could have chosen for a tall barrier hedge. Leylandii cut back will not regrow, so you need to keep your hedge neatly clipped at least twice a year, perhaps three times. I have no idea who's responsibility it is to maintain the far side, but I doubt your neighbour wants to "hack back bits overhanging his side of the fence" as it will then look dreadful, and to maintain a smart, clipped, hedge to the "base of the upstairs window ledge" will create a significant undertaking for him and I would expect, legally, him to be able to hire professionals to do that and send you the bill.

          You also run the risk, with Leylandii, that the Cupressus aphid will infect, and kill, the hedge. I don't know where abouts in the country you are, but around here every year I see more and more Leylandii that is dead, or has large brown patches which will lead to death in a year or two.

          In my opinion: wrong choice of plant.
           
        • shiney

          shiney President, Grumpy Old Men's Club Staff Member

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          You are putting yourself in a very precarious position. I'm not sure that the courts would agree with you on the right to light situation as there are specific laws for Leylandii. Also, we have seen on this forum where an owner has been forced to reduce the hedge for the full length of the garden - which is a very expensive business.

          With regard to your neighbour having paved his garden:- the roots will eventually lift his paving. You will be landed with an expensive job of having to have the paving lifted, roots removed, ground levelled and paving replaced.

          Also, if the cutting of his side of the hedge is difficult (which it will be at that height) he would be within his rights to request you to do it or he could get someone in to do it and send you the bill.

          I have mediated in too many of these sort of situations to know that it is not as simple as you think. No one ever wins these sort of disputes.

          There is a further major problem under the current laws. If you are in dispute with your neighbour and you want to sell your house you have to declare it to the purchaser. This could lose you a sale or force you to reduce the price. If your neighbour wishes to move and has trouble because of it he can go to court to recover his losses.

          Everyone loses with boundary disputes!

          Clueless says, quite rightly, that it's not his place to judge your actions. I'm under no such restriction, and if the case were brought before me (and with the way you have stated your case) I would rule that you had been deliberately contentious and find in favour of your neighbour - with full penalties.

          Sorry to sound so harsh but it appears as if you are going out of your way to upset your neighbour. Previous problems between you are no justification.
           
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          • merleworld

            merleworld Total Gardener

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            Wondering whether this is a wind up.
             
          • Jenny namaste

            Jenny namaste Total Gardener

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            maybe, but the GC input into this thread and the information so generously but politely given makes it worthwhile IMHO.
            What a great bunch you all are,
            Jenny namaste
             
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            • wiseowl

              wiseowl FRIENDLY ADMIN Staff Member

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              Good morning I will take this post at face value :cool:

              Don't you think its time to change the history ,its obviously been going on far to long life's to short ,I can't see how either of you can be happy,if you have to eat some humble pie,it don't taste that bad,and you have about 59 days until the new year her's your chance to start it off the right way;)
               
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              • Verdun

                Verdun Passionate gardener

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                Leylandii is a real problem. As Kirsten said many Leylandii are being hit with disease now and then they look horrible. It is a "scary" plant for any neighbour to see. It's. Growth rate is phenomenal. Carlh2269 why dont you surprise your unpleasant neighbour by cutting your hedge just below your fence panel? And then let him know you are aware of his fears and this is why you are responding to them? Your neighbour will then have no need to trim anything on his side! Bet you will feel better being the bigger man.
                 
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