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Council cut our hedge - butchered it!!

(6 Posts)
1legmummy Wed 01-Jul-09 17:42:02

what can we do?? they crossed onto our land and cut about 4 foot into our hedge that we have been growing outwards for 6 years.

We live next to a cutway and youths hedge dive so we have been growing it out and have had no trouble.

Since they cut it we have had youths jumping into the garden through the holes they left.

They admitted it was their mistake and Zurich have offered £300.00 as a gesture of goodwill. Trouble is our garden is really long. We now will have to fence all the way down and have the hedge removed just to give us back our security.

Zurich said there is no claim under public liability as no one hurt. I agree but can we take coucil to small claims??

What would you do?

Thanks

PortAndLemon Wed 01-Jul-09 17:51:03

I would write to the council setting out the costs of making good the damage they caused and asking for compensation in full. Potentially consult a solicitor too.

SusieDerkins Wed 01-Jul-09 17:56:48

Just because it's not an insured claim doesn't mean there is no claim.

They have acted negligently. Legally speaking, you are entitled to be put into the position that you would have been in if the negligence had not occurred but as you can't magic your hedge back I would suggest you get some quotes for fencing to replace the hedge, write to the council and tell them you will pursue them through the courts if they do not put right the damage caused by their negligence.

1legmummy Wed 01-Jul-09 21:37:45

thank you everyone. Its driving me nuts because they just keep forwarding me to their insurers and then the insurers say the hedge will grow back in time so no claim

The problem I have, is at the moment it is hedge, if I fenced it would go all the way down, lets just say their man did not care how it looked, he took the chain link fence in the middle of the hedge and the fence posts out.

Could I claim for a fence all the way down.?

ChippyMinton Wed 01-Jul-09 21:55:33

An important point - was the hedge growing fully on your land, or was it overhanging or obsyructing the public path? I'm not 100% certain but if it was overgrowing the council can cut it back (may have to serve notice on you first though).

If you are fairly certain you have a case contact your local councillor (find it on the council's website) and get them to take it up with the council officers on your behalf.

Failing that, the threat of contacting the local papers may have the desired effect.

1legmummy Thu 02-Jul-09 13:17:05

Thanks, that is a great idea, it was fully on our land with a couple of foot left before the footpath.

I will contact my councillor

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