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Dispute over a boundary fence!

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CParry | 23:16 Wed 21st Mar 2007 | Law
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I purchased some land 10years ago and I had a bungalow built on that land. I had to ensure that the fence that separated my land from nextdoors was built on my boundary, which I did. However, nextdoor planted conifers . I maintained both my fence and the conifers untill recently due to health reasons, However now the conifers are affecting my fence and damaging it. There has now arisen a dispute between myself and the neighbour because I cant maintain my fence due to the conifers, By law what measures can be taken to solve this? CHOP THEM DOWN??? Please help.

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you can chop what ever is over your fence (dunno about touching it) but you have to return what you cut down. basicly throw it back over.
Get a man in now and again to maintain the conifers are reasonably cut back.

Why are they all of a sudden affecting your fence - in what way?

If you cut them down completely you would be liable for criminal damage - so it's not advisable.

Ask the neighbour if when he's cutting his side, he could pop round and cut yours too ?
I take it the conifers are on your neighbours land and that you have just been "maintaining" them on your side where they have grown across the boundary. If your neighbour is not willing to come round and prune them back you are entitled to do this yourself (or get someone to do it for you). Legally you have to let the neighbour know you are going to do this and offer the cuttings back to the neighbour. You cannot chop them down, nor can you make the neighbour pay for getting the work done. Of course, if he was being neighbourly he would either do it himself or offer to pay for it to be done.
Boundary fences and conifers are the biggest cause of neighbourhood disputes. Going to law will result in both of you becoming a lot poorer. A recent case took 10 years to resolve. I suggest you make peace with your neighbour and try to reach a compromise. It's a fence - there must be more important things in life.

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Dispute over a boundary fence!

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