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?

@TabithaTeacake that is not true. There is no law that says which side of a fence is the neighbours side.

Look on gov.uk for the law on fences.

If it is shared then he simply can't do it. That's it.

The cost thing is a red herring. Costs don't have to be shared, it is agreement that is important.

Crucially though, if he pays for the fence, even on a shared boundary, then it is his. No-one can touch it, paint it or attach anything to it without permission.

I would tell him to cut the hedge back on his side then put a fence on his side.

What a bastard. I got this from the "ask the police" website: It is an offence to cut down a hedge or tree intentionally or recklessly whilst there are birds nesting in it.

Reckless is a term often used in legal definitions. In this context it means that if you cut the tree down knowing there was a chance that birds were nesting there and you didn't check, then you would have been reckless and therefore guilty of the offence.

The penalties are imprisonment and/or a fine. If there is more than one bird, nest or egg then each case will be treated as separate criminal offences.

Perhaps point this out to him.

We have issues with neighbours complaining about our trees. Trees that have been here for 250 years, while their houses were built 20 years ago. I don't understand the mentality of people who find nature an inconvenience and something to be destroyed.

I dug up some privet in my garden. It wasn't on a boundary, it was screening a compost area. It had been there years and there were good roots on it. some of it got chopped up straight away but a couple were left on the garden whole through the winter to provide shelter for wildlife. By the next spring they had re-rooted themselves and were growing again.

What I am saying is that if you dig at least some of them up you could have some mature hedging immediately rather than having to start with tiny ones again. I'm not sure about the holly though.

Nannygythaogg It sounds like OP might quite like it just being privet - I think this is the way to go. Be nice, ask him to wait until nesting is over, and then take the mature plants and re-establish the hedge on your side of the fence.

The whole thing about his garden ideas not fitting in with the neighbourhood - if I had to fit in with the neighbourhood, I'd have a paved drive out front and astro turf in the back, complete with sex pond. People should be free to have their gardens how they like them.

Re the fence - if he’s paying and asserting that it’s his boundary to do with as he wishes, then the neighbourly thing to do is to put the good side of the fence facing you, so at least you shouldn’t accept the ‘back side’ of the fence.

@Movinghouseatlast

If it is shared then he simply can't do it. That's it.

The cost thing is a red herring. Costs don't have to be shared, it is agreement that is important.

Crucially though, if he pays for the fence, even on a shared boundary, then it is his. No-one can touch it, paint it or attach anything to it without permission.

I would tell him to cut the hedge back on his side then put a fence on his side.

OP,

YANBU and you need to be proactive.

First off you need to film that hedge today so you have a clear record of what it is like.

Then you need to get a letter sent to him asap confirming that you do not want the boundary hedge replaced.

He can cut it back on HIS side and erect a fence if he wishes but he must be careful NOT to damage it.

He sounds both pig ignorant and entitled.

Occasionally people just go ahead and do these things without asking.

Walls are positively ugly in comparison and you will most likely bitterly regret an ugly fence replacing it.

Be very careful of him being an arrogant young buck who pays no attention to what you have said.

I have heard of people coming back from holidays to find their hedge "accidentally" halved in height and trees just cut down opportunistically by neighbours.

Make you wishes very clear in black and white by solicitor or registered letter.

I think you have the fight! I’m guessing you’re a middle-aged woman? Me too. These are our fighty years!

I'd feel exactly the same as you. I don't care whether it's 'snobby' to hate astroturf –that stuff is an environmental nightmare and we should all be doing our bit to protect nature.

Definitely find out who it actually belongs to. If it's both of you, he can't chop it down without your agreement. Get this in writing. You don't need to be confrontational with it. And if it's his, I'd at least find out about whether he can do anything with birds nesting there.

Good luck!

This is strange.

I have a bo-fold into my garden and currently wfh from the kitchen table....and he is out in the garden with hand sheers, clipping away at the hedge. Depth not height.

I need to go out and speak with him don't I......maybe he is trying to find the boundary line

@TabithaTeacake

Also remember that you get the nice side of the fence. All structures for the fence has to be on his side. If he is using a digger , he cannot uproot / damage anything on your side of the boundary ( such as shrubs etc )

That is interesting

@hedgedrama

This is strange.

I have a bo-fold into my garden and currently wfh from the kitchen table....and he is out in the garden with hand sheers, clipping away at the hedge. Depth not height.

I need to go out and speak with him don't I......maybe he is trying to find the boundary line

Maybe he's cutting it back his side to fit the fence in, so you can keep the hedge your side?

A post pointed out to me that this is not a legal requirement, to me it's a moral one. In the houses we've put up a fence ( no hedges ) we always have the nice side to our neighbour.
Whichever he does , it you should not lose any width of garden at all . All posts, fence etc has to be on his side and not come over to yours.

He sounds awful.

But I don't agree you will get the nice side of the fence..that hasn't happened here. Its up to him if he wants the nice side.

He can have the nice side so long as none of the posts or fixings are on op’s side of the border.

Have you checked on your deeds it's a shared boundary. All the boundaries on my deeds clearly state who is liable for them.

You have to speak to him and confirm the conversation.

Otherwise what is to say he won't say he thought he had your agreement.

You need to make your position very clear.

This is an interesting read. Just came up when I searched hedge as a boundary

www.stephensons.co.uk/site/news_and_events/uptodatenews/think_before_you_remove_that_hedge_dispute

I think speak to him again and say he needs to hold fast on removing the hedge until the ownership is confirmed.

I would contact the council about the possibility of him removing it during nesting season, and see if they can send someone round to speak to him about it, and how serious it will be if he does remove it if it does have nests.

If it's a boundary hedge, then you both own it by reading the link above. He could trim his side right back to the trunks and leave your side alone, and then he can put a fence on his side.

If it turns out the hedge is his, then you could ask if when he digs it up, if you can have the plants to replant on your side.

If the hedge turns out to be yours then he can leave it well alone and put up a fence in his side.

If you can, I would set up some cctv to record your garden, which will also include the hedge, just in case he is going to be sneaky about removing it.

Whatever you do, try to stay amicable. Any neighbour disputes have to be declared when you sell.
You might need to get earplugs / noise cancelling headphones for the building work.

Poor you! Neighbour sounds awful. I’m all for compromise and keeping the peace but, as a nature lover, this would really upset me. I’d keep it polite as you have to live next door to the idiot but try your best to save the hedge, especially while birds are nesting. Speak to the RSPB and council for advice. Good luck x

Honestly don't fall out over this. People loose their houses over boundary disputes and it's not always straightforward. Your best bet is to try and come to some agreement (ideally that he leaves the hedge but chops it right back on his side but zcareful replanting of the hedge on your side is also a good idea).

I cried when my neighbour did the same

Anyone who removes hedges and trees in this day and age (unless necessary) are arseholes

Can you get upstairs and get photos of him cutting? You ime need pics that are before /during /after any 'words'.. He could claim he never touched the hedge...

@hedgedrama

Have you got a good male friend or any males members of family ,who could help you out in a supportive way, such as coming around to your place to be Assertive towards your next door neighbour,
about your corncerns in regard of boundary hedge wall issue.!

Is there any male volunteers who you do voluntary work /or you have done paid work even a ex colleague ,they obviously need to have a very Assertive presence attitude towards your next door neighbour !