I'm speechless

[RogerS]

Shortly after buying our cottage, the next door neighbour mentioned in passing that they'd like to trim down the top of the hedge between us, and that whenever they'd tried pruning it in the past the little old lady who owned the cottage before us would rush out and say 'what are you doing...don't really like that etc etc'. Being the reasonable chap that I am I said it sounded like a good idea and that me and Barry (her husband) should get together sometime in the future and do it together. Heard no more about it.

Arrived at the cottage this morning to find the drive barricaded with trees and branches. Tree surgeons at work...virtually destroyed hedge row and trees that screened us from next door, broken original flagstone wall copings. I was spitting feathers. The tree surgeon told me that he'd asked them next door if they'd spoken to me about doing the work and I said no...not at all. We'd talked about trimming and pruning of the front hedge and not wholesale destruction of the entire border.

Anyway, chummy from next door came back from work in response to the steam coming out of my ears...first time I've met him since we bought the place...very apologetic dee dah dee dah....thought his wife had squared it all away. etc etc. and then...and then he said something that made me almost go apoplectic. It's our bloody hedge!!!! So even if there had been a misunderstanding there was a little bit called dialogue missing as to how much and when.

Forum rules prevent me posting what I was really thinking. The fact that we have to live next door to them also precluded me from saying to him what I really thought about his wife.

 

[Russell]

If its your hedge sue them for destruction of property, what ever you do you will not get on with your neighbours any more

 

[Terry Smart]

That's dreadful Roger... did you cut something out of your original post by the way?

Anyways, I'm with Russell on both of his points, it's sad to say but I don't think there's a way back from this.
(There are loads of bad puns and poor jokes that could be made here, I'm not going to make any of them and I hope no-one else does either!)

 

[Newbie_Neil]

Roger

So sorry to hear about your problem.

Unfortunately, I have to agree with Russell and Terry in that you'll never get on with them.

Neil

 

[CHJ]

Sorry to here of your problems Roger but I don't think you have much option but to claim reparation and reinstatement of previously existing privacy, they obviously have no intention of considering your views or acknowledging your property rights so need forcefully reminding that they need to behave reasonably if they wish to live amicably in this world.

The tree surgeons are also in rather a difficult situation if they touched your property without your consent.

 

[devonwoody]

I,m sitting on the hedge with this one.

Do you know about the new bye laws regarding hedging between neighbours?

Perhaps your previous owner has had a compulsion order or whatever they are called against them.

If you have a hedge above a certain height you now have responsibilities, so play it by ear at first.
If one tree is left standing that is not a hedge.

On the other hand my scribe above might be a load of tosh.

 

[woodshavings]

Roger,

This might help with your options

http://www.adviceguide.org.uk/index/fam ... sputes.htm

However, I suspect Court Action may be your only remedy

HTH John

 

[Jake]

Litigation is a very bad idea in this kind of circumstance, no matter how poorly they have behaved. Hedges regrow or can be replanted (at their cost), and you won't win any significant damages to make it worth the cost of suing. If you did sue, there really will be an irretrievable and permanent breakdown in relations (shabbily and outrageously as they have behaved, that isn't in your interests if you are going to live next to them).

I'm not saying bend over backwards, be as cross as you like and they should make things right and *never* touch your hedge again. But thoughts or threats of court action are best put out of mind.

 

[andrewm]

Just a thought. But would you have any recourse against the Tree Surgeons. They were the ones that did the work. There surely must be some duty of care requiree by them to ensure that the hedge they are trimming actully belongs to the person giving them the instructions.

Andrew

 

[Argee]

I feel for you, Roger, but agree with Jake. It's also an offence to fail to declare any dispute with a neighbour when selling a property. That may not apply right now, but could sting you later on. I researched this angle when we had "Neighbours from Hell" at our previous property and - although biting my tongue was not the easiest thing I've ever done - it saved me any later grief from the next owner.

Ray.

 

[RogerS]

Thanks guys for all your words of support.

Much as I would like to sue them I do take the point that Jake made and also Argee's as being very pertinent for any future sale.

But I do believe that a letter from the solicitor stating the facts is certainly in order or is it? It is a good point re impact on future sales. Need to speak to my solicitor about this perhaps.

Before that need to determine that it definitely is my hedge. The next door neighbour seems to think so (!!) but I need to check. It should be, presumably, on the deeds but I don't remember seeing anything about it and as my solicitor didn't raise any issues at the time of purchase (and believe me he would have...he's that kind of solicitor) I had no need to look in detail.

So in the absence of anything on the deeds is there anything in common law does anyone know? As in 'it be your fence if 'ee be sitting facing the sun on a midsummers' eve and the swallows be flying widdershins'? Seriously, as in facing the road, it's your fence on the left boundary...that sort of thing?

 

[Evergreen]

Roger

I agree 100% with Jake on this one. It's not in your interest to attempt legal action against your neighbour. It would be a waste of emotional energy, if not an actual waste of money. A good friend of mine made himself really ill over a long running dispute with neighbours. When you want to sell your cottage in the future, you'll have to declare any disputes with neighbours and that could deter potential buyers.

You're going to have to live next to these people and if you're in a state of permanent warfare, it makes life hell for everybody. Including you and your family. And one day, in some situation you can't possibly conceive of now, you just might need a big favour from these people. Don't make yourself a hostage to fortune.

Plants will regrow in a year or two. Nobody has been hurt. It's just not worth giving your self stress over.

Regards.

 

[devonwoody]

Roger tumbleweed is on sale at B&Q sometimes. :wink:

 

[CHJ]

....So in the absence of anything on the deeds is there anything in common law does anyone know? ..... Seriously, as in facing the road, it's your fence on the left boundary...that sort of thing?

Roger I believe the normal convention is just that, and it has been so in the last few properties I have owned.

Standing in the road/front facing the property the fence to the right is normally yours. It certainly is for the 8 or 9 properties in my immediate neighborhood all excepting one which is a joint boundary but that is listed on the respective deeds. (i know because it was my mixer that was borrowed to repair the wall that one 'lady' decided to unilaterally deface by robbing the stone for a rockery.)

Although litigation may not be in your interests I still think you have the right to be politely forceful in requesting that they make good any replanting necessary to achieve a reasonable privacy barrier, wall damage etc.

 

[RogerS]

Roger

Plants will regrow in a year or two. Nobody has been hurt. It's just not worth giving your self stress over.

Regards.

Trouble is we are not talking plants but mature trees and shrubs. The lie of the land is that their property is located about 10 ft higher than us. They can now look down into our property and rooms as we have lost our protective screen. I don't like waney edge fences, before you ask :twisted:

I'd better stop writing now as the more I think about it the more I'm likely to go round and .....................

 

[Taffy Turner]

If the hedge is planted your side of the wall, common sense would say it is yours, and vice versa. the wall being the property boundary I would have though.

Regards

Gary

 

[Steve Maskery]

I should claim on the tree surgeon's public liability or professional indemnity insurance. He did the damage. If he then wants to claim against his client that's up to him and there will be no record of a legal dispute with your neighbour.

Would that work?

S

 

[Argee]

....So in the absence of anything on the deeds is there anything in common law does anyone know? ..... Seriously, as in facing the road, it's your fence on the left boundary...that sort of thing?

Roger I believe the normal convention is just that, and it has been so in the last few properties I have owned.

Standing in the road/front facing the property the fence to the right is normally yours.

Worth checking with your Town Hall, Local Authority or even an estate agent who has sold/is selling property nearby - my fence is the one on the left, facing the front of the property, same throughout my neighbourhood. This is the exact opposite of the example above, so there must be local conventions at work.

Ray.

 

[Noel]

Bad news Roger. As has been said, go for the tree surgeons. End of the day they destroyed the hedge and did not have permission or instruction from the owner (assuming that it is indeed your property). Perhaps Jake will advise but they have no defence in saying a 3rd party said it was OK.

 

[Adam]

Plant a line of leylandii? :twisted:

Add a few floodlights pointing their way on the side of your property?

Build a workshop with the dust extractor clamped on that side?

OK, as everyone has said, but it is worth talking to your solicitor (as well as actually working out who owns the hedge). I had "words" with my neighbour (completely friendly) about him wanting to block off the alleyway at the rear of our property and side of his. My solicitor said this wasn't a "dispute".

Perhaps even a letter from the solicitor would not be deemed a "dispute".

Adam