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Hedge argument-sleepless night

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nicholas4300 | 07:34 Sun 19th Jun 2011 | Home & Garden
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Our neighbour erected a close wood pannelled fence all the way down his boundary from top to bottom. (No issue with that). In doing so they wrote us a note saying that they would have to thin out the shared laurel hedge, which we had, two months ago (and after face to face consultation with neighbour) spent good money having pruned as it had become unmanageable (Neighbour was fine with that, no issue).
After returning home last Friday, the neighbour had completely removed a fence panel sized chunk out of one part of the laurel hedge (on our side of the boundary) and then erected the fence panel in that gap. This means that the view all along our boundary features lush green hedge...........then untreated fence panel nearest to our house. Grrrrr. What recourse do we have, apart from having an expected heated argument.?
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Boundary disputes with neighbours that end up with a legal case to resolve them are to be avoided - very costly for all.
You say the laurel hedge is shared - that would indeed be unusual. Are you saying the roots are planted on what has been previously accepted between you both is the boundary, then the plant has spread each side of that?
Removing the roots of a plant or plants accepted as being on your land would be criminal damage. Equally, he was entitled to remove hedge branches on 'his side' back to the boundary to enable a fence to be erected.
Best to discuss in a robust but non-heated manner, having thought out beforehand what compromise you want to achieve (he to pay for new plants on your side to rebuild that part of the hedge?).
Question Author
Thanks for your response.The roots of the hedge are on what was acceped from the time that the houses were built as being the boundar with the branches spread to each side ( which we had already thinned out on our side two months ago with the neighbour's full verbal agreement. The issue is that in cutting his side to accomodate a fence post and panel, he completely cut and removed a panel sized part of the hedge, ie all branches on our side, so we now have fence panel fully visible in one part of the hedge
set up meeting with said neighbour, ask politely if you can meet to discuss the issue, calmly. If they do no agree to meet then drop them a note to say you could seeking legal redress, it can be expensive though, but surely they can see you have a valid grievance. You read so many of these types of disputes that escalate into out and out war, best to try and sort it out. Do you know them well, buy a bottle of wine, ask them to meet at pub, do something social, then perhaps you won't be going grrrr or reaching for the shotgun.
If it was a shared hedge put there when the homes were built and one of you decided you would like a fence and the other just wanted the hedge then the fence should of been built on the persons side of the hedge even if they are loosing land space because of the hedge as it is still not their hedge to remove or damage in any way. you can either share the hedge or give it away you cant remove any of it as its not compleatly yours to do so unless agreed by both sides that you want it removed.
Couldn't you just put some trellising up and have something different planted?
Does seem somewhat that you and your neighbour were not really on speaking terms before the fence was erected. I say this because you mentioned that the neighbour sent you a note about the need to have the hedge thinned-out. Rather strange, I would have thought that he/she would have spoken to you first.

C-A-S has put forward a thought, but even then I think you would need permission to fix trellis to what is in fact your neighbour's property.

Whatever you do, refrain from making matters a legal issue; which could be very costly.

Ron.
Arguments and rows what do they do?, you can argue until the cows come home but its not going to change anything. You are probably going to live next to each other for years to come do you want this cloud hanging over you all the time (very uncomfortable and stressful living) someone here has to give way, go out and buy some more hedging and live in peace or you could find you'll make yourself ill over it. Anyway we know you're in the right but how far do you want to go proving it? Swallow your pride for the sake of peace, or do you want more sleepless nights and turbulent days to match.?

Jem
do you mean that in order to place the fence on the boundary line, instead of cutting away the hedge on his side and placing the fence uop against it, he has cut your side and gone round the back of the hedge...so he still has the hedge on his side of the fence??

or is the hedge gone completely?
Hedges can sometimes be a nuisance (needing pruning and leaves clearing in the autumn, etc.). If you are not too fussy about having a hedge, why not let the neighbour go the full hog and install his fence (after removing the hedge). You will then have a nice new fence for your garden and he will have the responsibility of painting/repairing it.
He may eventually ask you to go halves with the cost so you can then tell him to get stuffed as it's his fence, not yours!
Just a thought and another alternative!
I'd be pretty upset to find a gap in the hedge like this, with a fence panel in its place. I think you should make your feelings known in a reasonable manner, but keep in mind that there's not much than be done abI'm not sure what can actually be done now.

When you ask what recourse do you have, i wonder if you have a solution in mind?
Question Author
Latest update and Outcome! After I went round to speak to the neighbour in a robust manner, he turned up yesterday afternoon and made a fulsome apology on my doorstep,admitted that his fence erectors were in the wrong, and offered to replant whatever we wanted in the gap in front of the fence panel. So, in thanking all who contributed to my cry for help, my faith in human nature has been reignited . Thanks to All who shared in my feelings!

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Hedge argument-sleepless night

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