I need some Mumsnet sense knocking into me

[hedgedrama]

I think I am BU. Possibly. And I really don't want to be that neighbour.

Here is the situation.

I have lived in my house for 18 years, it is a semi-detached Victorian house in a very leafy suburb (lots of trees, wildlife, not much noise etc.) and with a decent sized garden - approx. 50m. It is also really unpretentious - all very ordinary working people.

I have new neighbours. They have bought the house next door which needs a full renovation. Great. No problem with any building work for the standard kitchen extensions etc.

But between our gardens is a hedge - it's not the world's greatest hedge because it is a full mix of privet and holly. But it is a reasonable hedge in that it does it's job.

I caught my new neighbour for a spontaneous chat just before and he told me that in 2 weeks they are getting diggers in to remove the hedge and install a fence the whole way down that side of the garden. I expressed 'concern' that I do not want a full blank fence the whole way down my garden and I did say we probably need a conversation about this as I don't want to lose the greenery etc.

The conversation continued into looking at where the boundary was and where the roots were and he kept saying "looks like all the roots are on my side". There isn't a super clear boundary etc. but I was just trying to put my point across about what it will be like on my side with the back side of a fence and no greenery and can we look at saving some of the hedge on my side. It just wasn't going down well - "the roots are on my side"

I also turned all old woman and said that there were birds starting to nest in the hedge, to which he literally laughed and gesticulated he would 'move the nests'. I'm a bird watcher. He's moved into an area which is leafy and full of wildlife and doesn't respect it is what I heard

Much of my post here is to check if IABU - would you be happy with a reasonable hedge being pulled down for a blank fence?

He kept describing what his garden is going to be like - gym at the bottom, astroturf and a Koi pond and I am suspicious that I am being judgey because that is just not my taste...it seems a bit ajar with the area and I very much aware I maybe am stuck in the past but I am just not sure astroturf trumps the birds in the hedges?

I'm waffling now, but am I being a wanker neighbour?

He’s the wanker, not you. How very stressful and frustrating for you.

Don’t know how feasible it is but could the hedge be moved to the inside of your boundary?

I would feel the same way OP, while trying to keep a lid on my inner snobbiness about Astro turf etc.

Can you not just plant you own hedge on your own side? He wouldn’t be able to do anything about that. I know you would lose a foot or so width of your garden, but sounds worth it for the privacy.

Can you quickly put a fence up on his side of the hedge?!

Check with your council about whether it's okay to rip out a hedge at the start of nesting season. There are rules about trees.

Who does the hedge belong to?

Check your title deeds and see who’s boundary it is. If his, there’s not much you can do unless you can get a preservation order slapped on the hedge? Maybe check with the Environmental Dept of your local Council.
If it’s your boundary, then tell him that and that it’s yours to maintain, he can put up a fence on his side of the hedge. If he won’t listen, get a local solicitor to write a letter - that might be enough to frighten him off! Be that neighbour - save your hedge!!

Isn't it an offence to destroy active nests, or disturb nesting birds?

Maybe find out his issue with the hedge.
Has he thought about cost plus upkeep of his fence and it's lifespan? An established hedge is a much better and long lasting boundary imho but maybe he thinks it's a lot of work to trim? In which case I'd remind him about the endless repainting of a fence.

Plus I'd be quickly checking my plans on the quiet just to be sure it's all his!

This link may be helpful:
www.rspb.org.uk/birds-and-wildlife/advice/gardening-for-wildlife/plants-for-wildlife/garden-hedges/hedge-law

I think you need to check for nests, photograph any, and at least he can't do anything to those. It's so sad that he wants to rip out a lovely old hedge.

I would feel the same as you, but if he wants to AstroTurf his lawn, there's nothing you can do about it.

Check out the nesting season thing, but ultimately if its his boundary and the hedge is on his side, he can follow through with his plans, even if they're delayed a bit.

He's your new neighbour. Life will be much more pleasant if you can stay civil with him. Don't start a war over this hedge.

I thought it was an offence to disturb nesting birds? Could he not put the hedge up on his side and leave the hedge on your side?

He sounds like a prick OP.

I would check with your local council.

If it goes then have a plan as to how you will disguise it your side, climbers, willow hurdles, but something.

Looking at such changes unhappily is too depressing ime.

The RSPB link posted above seems important. It says 'A boundary hedge is usually the joint responsibility of both neighbours. Both must agree on major work, including removal, coppicing or laying.' Find out about the law there ASAP!

I would not get into an argument over it though.

I wouldn't like it either, but if the hedge (as in where the trunks come out of the ground) is in his garden he can cut it down I'm afraid, just like any other shrub in his garden. It sounds like this is the case from all the talk of 'roots'.

It is an offence to disturb nesting birds, but you're unlikely to her anyone to actually come and stop him, especially if he does it at a weekend. There's fines, but there would have to be pretty rock solid proof and it still might not go anywhere.

I think your only real option is to let him build his fence, and then you plant a hedge on your side of it. If he's getting diggers in then perhaps they could move the existing hedge, if the roots aren't too deep?

I don't think you are being unreasonable at all - I think I would ask him if he would consider putting the fence up in front of the hedge although he is probably going to be mindful of losing a strip of his land. These situations are so difficult and I think in the end you will have to face losing the hedge but then you can plant another. It's probably not worth going to war over although I would feel very inclined to do so.

"The conversation continued into looking at where the boundary was and where the roots were and he kept saying "looks like all the roots are on my side". There isn't a super clear boundary etc."

The most important thing to establish is where exactly the boundary is, who owns it, and therefore who owns the hedge. If he owns it, he can remove it. If you own it, he can't.

If he does own the hedge and removes it, you'll just have to plant a new hedge or something else to hide the fence.

YABU about half the contents of your post, btw, it's irrelevant what you and all the neighbours are like and what he's planning to do with his garden - it's clear you're judging him and you don't think he fits in with the "nice", nature-loving community. But that's not the point. If it's his hedge he can remove it.

I agree a hedge is nicer to look at than a fence, btw. But it does require maintenance which he might not have the time, money or inclination to do.

If the worst comes to the worst and you lose the hedge, op, plant some Virginia creeper against the fence.
It'll take over in no time and it's beautiful in Autumn.

Of the roots are fully in his garden then the hedge is his to do as he pleases. I agree it's bad timing re the birds. Once the fence is up , it's up to you what you put in front Of It in your garden , ie a hedge.

I would post your question on tbe Garden Law forum. They are very knowledgeable there.

This could turn into a boundary dispute, which is a horrendous thing, very expensive and very difficult to decide who is in the right.

First of all look on gov.uk at the rules on boundary features.

Look on your deeds, and on his ( you can buy his from the Land Registry) It should be on there who has the responsibility to maintain the boundary. A T mark on either your side or his is what you are looking for.

If there is no T mark it means you have a joint responsibility which means that any decision or cost is shared.

Now the problem of course is that enforcing any law can be at best difficult and at worst impossible. And in every case it is expensive.

I ended up moving over a very similar issue as I couldn't afford to enforce my legal right to keep my fence and plants which were mine on the deeds and in reality, ie I had paid for them. I spent 3 grand and still would have had to pay for an injunction to stop him removing my plants, then about £20,000 on legal fees for a court case to ascertain where the boundary lay. A total nightmare.

That is really sad, but as I think you know - it's not your garden. You want to keep him on side, so try not to fall out with him.

If it were me, I'd be offering to take any plants that will be ripped out off his hands, so you can plant them all along where the hedge used to be.

It's his garden 🤷🏻‍♀️

Thank you so much for all your posts.

This... It's probably not worth going to war over although I would feel very inclined to do so ...really sticks out for me.

It is a shared boundary hedge btw.

But is it worth a war in the grand scheme of things? I can just plant things in front of it like mentioned in pp. I would get used to it. I know I would. Such a First World problem............but then I go to the birds and do think that is a real issue - the RSPB link confirms this - thank you. I think they probably need to delay ripping it out until after nesting season as a bare minimum compromise.

@AnotherEmma I realise completely and totally that I am being judgey about the astroturf and koi carp. I really do. I guess the problem is that they are expecting me to go along with their very clinical style. They can do what they like in their own garden, but they are going to fundamentally change the look of mine.

Yanbu.

....and I also think his plans for his garden sound awful and soulless. My parents next door neighbours ripped up a lovely established garden with several trees, now its all slabs and grey, grey, grey. It's so sad. I really don't understand this trend for grey, soulless gardens without any homes for nature? It's bizarre to me.

I'm very sad for you and your hedge.