OT - Neighbour boundary hedge dispute

junior · Feb 11, 2017

I make no apologies for posting this on NSC, it is the place where i expect to get the most educated answers from.

My partner and i bought a property 5 months ago as first time buyers. The people in the next road whos garden backs onto ours have a large bush that is towering over and into our garden and blocking a large amount of light. It is also now growing onto our flat roof extention and covering the flue to our central heating system.

Having finally had enough of getting ear ache from my OH i went around to the neighbours and asked if they would sort out getting it cut back. They information me it was due to be done on their side this Saturday so tbey would send the guy round to our side as well.
The gardner man came round this morning to do the job and before starting told me it would be billed to us. I said no way was i expecting to pay for the neighbours hedges and he said he didn't want to be in the middle of a civil dispute so i told him to go and apologised for confusion.

It's gone well beyond a quick clip and the gardner said it need chainsaws and disposing of through a 'chipper', so it's not a job i can do myself.

So, NSC legal experts, who is responsible?

I can attach photos if needed.

LamieRobertson · Feb 11, 2017

junior said:
I make no apologies for posting this on NSC, it is the place where i expect to get the most educated answers from.

My partner and i bought a property 5 months ago as first time buyers. The people in the next road whos garden backs onto ours have a large bush that is towering over and into our garden and blocking a large amount of light. It is also now growing onto our flat roof extention and covering the flue to our central heating system.

Having finally had enough of getting ear ache from my OH i went around to the neighbours and asked if they would sort out getting it cut back. They information me it was due to be done on their side this Saturday so tbey would send the guy round to our side as well.
The gardner man came round this morning to do the job and before starting told me it would be billed to us. I said no way was i expecting to pay for the neighbours hedges and he said he didn't want to be in the middle of a civil dispute so i told him to go and apologised for confusion.

It's gone well beyond a quick clip and the gardner said it need chainsaws and disposing of through a 'chipper', so it's not a job i can do myself.

So, NSC legal experts, who is responsible?

I can attach photos if needed.

Oh yes..photos please ..there bush they pay...pity u can't cut it yourself and throw all the clippings over there way..sounds a bit more than a large 'bush' though...what is it

seagullsslimjim · Feb 11, 2017

http://www.problemneighbours.co.uk/rights-trees-and-overhanging-branches.html

'On the other hand, should the trees be causing SIGNIFICANT damage to your gutters (not just blocking them) you can ask your neighbour to pay to have them cleared or to pay for the cost of any damage they might have caused. If they refuse to do so, you can legally sue them and force them into paying.'

Questions · Feb 11, 2017

Cut it your self then. Your neighbour has admitted it needs doing. If you cut too much off in the process....then tough. If he starts then just sever his Internal Carotid artery with the cutters. Anyway that's what Dexter would do.

Goldstone1976 · Feb 11, 2017

Hmmm. Guessing here, but I'd have thought that they are responsible for the overall height (assuming the rootstock is on their land) and for anything on their side of the fence, but that you are for anything overhanging your side. After all, you (or the previous owners) didn't have to let it get so unruly on your side in the first place. My gardener prunes everything that overhangs my side of the fence back to the fence line as a matter of routine.

Hillian1 · Feb 11, 2017

First world problems.

Coldeanseagull · Feb 11, 2017

I think it's your side so your responsibility, but their shrub/tree so offer the cut stuff back to them. Silly rules involving plants so try to resolve amicably....nothing worse than an angry neighbour
http://www.problemneighbours.co.uk/rights-trees-and-overhanging-branches.html

Billy the Fish · Feb 11, 2017

There's no point in falling out over it, just offer to chip in because it affects both of you and you'll all be happy. The gardener can't have been that expensive.

junior · Feb 11, 2017

You can see how high they've become. We would like them to come in line with the lower hedge to the left, which in fact is also about to be cut lower.

Final photo shows the bush now overhanging and blocking the flue.

RandyWanger · Feb 11, 2017

Your side, your problem sadly. I spend roughly £500 a year maintaining my neighbours trees that hang over my boundary on the UK base. It's one of those contradictory laws where you're allowed to cut off anything that overhangs your boundary, but if you kill it, you can be charged with criminal damage. Wheat you cut off you have to offer back, but you'll probably be told to dispose of it yourself. There are laws on ever greens and height, but the council cannot force someone to cut them down. Ours wouldnt even acknowledge a dispute without a £400 greased palm and even then, no guarantee they'll do anything. We've just had to learn to live with it. We do tend to have bonfires burning it all when the wind is blowing in their direction though.

Beach Hut · Feb 11, 2017

I would not fall out with your neighbour, the number of times my brother manages it is legendary.

You will at some point need a favour from them, for instance next door they are over 90 and the other side young kids and we have regular holidays and one or the other feeds the cat for us.

Really not worth the hassle just pay your share.

WATFORD zero · Feb 11, 2017

Your side, your responsibility - and as others have said, no point falling out with the neighbours over it. Best advice, get a chainsaw. I got one to trim the trees in and around my garden and it is the greatest boys toy ever

Diablo · Feb 11, 2017

reckon you should have agreed to pay for your side say 25% of gardeners bill... which should have been approx £100 if cuttings left perhaps £150 if carted away...so £25 or £40 ish for you....

Harry Wilson's tackle · Feb 11, 2017

I could have that sorted in about 3 hours, and I am old and a DIY clown.... the neighbour wouldn't be happy with the result, though...

Or you could ask the 'man' how much he'd be charging you....

I has someone demolish a 50 foot conifer in my garden about 5 years ago. £200. On the other hand, I was persuaded by my neighbour to employ her artisan gardner for hedge trimming more recently; took weeks to do the job, using secateurs (actually it was so slow I suspect she used chop sticks) and I was charged about £400. Now I do it myself and it takes an hour (very tall hedge and awkward terrain, if you go electric, and requites the odd bit of sawing, but manageable).

Good luck. Just be nice - pays in the long run. :bigwave:

Coldeanseagull · Feb 11, 2017

Looks like prunus laurocerasus, cherry laurel, an evergreen that can take drastic pruning. It has a lovely smell when it's cut as well so do it a little and often, it'll soon become a feature or a back drop to your garden.

Cheshire Cat · Feb 11, 2017

If its overhanging your property, you can cut it back but it is your responsibility and you will have to arrange and pay for it. https://www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries

I have several leylandii at the bottom of my garden which I would love to loose, but they are on the other side and the neighbour is a complete arse (especially when he caught me cutting them back on his side).

On the plus side, your neighbour seemed happy enough for you to chop them back, so it would be best to speak to them and come to an amicable arrangement about heights and widths if possible (but your side, your responsibility and your cost).

junior · Feb 11, 2017

Thanks for the advice so far.

The links provided by others in this thread seem to relate to "Can you trim your neighbours bush?", for which the answer looks like you can legally.

My situation is that we have to pay a professional to do the job and dispose of branches. When there is a financial outlay involved who legally should pay.

I'll also add that i couldn't give a stuff about falling out with them as they are back neighbours not side neighbours and we are unlikely to need to interact with them in the future. Also when he came round and knocked on the door the other night i found out that he's a right posh ****.

Wardy's twin · Feb 11, 2017

I think you have to work with your neighbour even if you are not happy with them. i asked to cut down some bushes on his property as it was affecting some sunlight to my garden, he said yes and I got on with it. Not a lot of work in this case but he was happy I was doing some gardening for free and i was happy as I reclaimed my light. Same issue with a hedge at front of house and same arrangement.

talk to them first see what they want, they might be happy for help in cutting down the bush....and you both win. IF you don't get anywhere then you just chop down your side and GIVE it back, don't offer, just give it back as it is their property.

Dick Swiveller · Feb 11, 2017

junior said:
The links provided by others in this thread seem to relate to "Can you trim your neighbours bush?", for which the answer looks like you can legally.

Unless you are a beauty therapist or Trump, I would question this!

LamieRobertson · Feb 11, 2017

Coldeanseagull said:
Looks like prunus laurocerasus, cherry laurel, an evergreen that can take drastic pruning. It has a lovely smell when it's cut as well so do it a little and often, it'll soon become a feature or a back drop to your garden.

That's what I thought ..I've pruned plenty in my time ..easy to do and i certainly wouldn't be charging my clients too much for that job

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