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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Neighbour removed my property, aibu?

34 replies

user464759 · 26/04/2017 07:04

The front garden boundary between myself & my neighbour was marked by an open chainlink fence attached to his property. Because it was so open (visually) I planted a privet hedge on my side independently supported by my own 6ft trellis. It has been this way for over a decade. My neighbour planned a new driveway and wanted to remove his chainlink fence and replace with a brick wall. However, when I came home from work I found he'd totally removed my trellis and cut back my privet hedge in it's entirety to bare sticks. He said this was necessary as the privet had grown through the chainlink on his side and he couldn't separate the two. My green outlook has now gone & he's started building his brick wall. I have no issue with the wall but I'm pissed my trellis/hedge was ripped out without permission. He says my privet will grow back but it'll take years to reach the same fullness again. He's offered £100 for the damage. Aibu to feel that's stingy?

OP posts:

RainbowPastel · 26/04/2017 07:14

If he has removed the bits on his side then he isn't being unreasonable. If he has removed what was on your land then he is out of order.

WateryTart · 26/04/2017 07:23

We had something similar when we moved here. A well established privet hedge had encroached way too far onto our neighbour's garden.

The only thing to be done was to root it out and build a fence. Not fair to expect a neighbour to have to trim a hedge encroaching on his land, really.

Maybe the only way he could build the wall was to take the hedge right down. £100 seems fair but he should have told you first what was going to happen.

Veterinari · 26/04/2017 07:26

Assuming that if the chain link was the border he's removed trellises/trees from your property then he's out of order. He's basically destroyed your property - tell him you want it replaced like for like. He could have avoided this if he's just spoken to you rather than assume he had a right to remove your property. Take photos.

picklemepopcorn · 26/04/2017 07:26

Has the trellis been taken down carefully so he can put it back when his wall is complete? I'd be furious.
Cutting his side is all very well, but not yours.

A neighbour had plants which grew through and over the fence, stopping me from growing anything on my side as they were pretty vigorous. One day without warning, he cut them all off on his side, leaving us with mountains of dead climber on ours. With hindsight, we should have returned it all over his fence. Instead it took three trips to the tip, on a weekend when we could have been doing other stuff. People are rude.

StillDrivingMeBonkers · 26/04/2017 07:31

I'm fairly easy going, depending on my relationship with the neighbours I'd be anywhere from bat shit crazy to incandescent.

I would demand the trellis is put back, to your standard and replanted. The materials and labour for that will be well over £100.

pollyglot · 26/04/2017 07:44

It's criminal damage, and you are within your rights to make a formal complaint.

carabos · 26/04/2017 07:46

That is very annoying but your hedge will grow back surprisingly quickly.

FluffyWhiteTowels · 26/04/2017 07:49

Where's your trellis OP? That was planted on your side

Bluntness100 · 26/04/2017 07:50

What do you feel would be a reasonable sum and whose responsibility was it to maintain the hedge so it did not grow through his property? If it was yours I assume he could counter claim you effectively damaged his property my not maintaining properly. I'd probably accept and not fall out to get some more money out of him.

Sugarpiehoneyeye · 26/04/2017 08:00

He's bang out of order OP !
He should definitely pay for a new trellis, and have a professional, put it in place.
As Carabos says, it'll grow back pretty quickly.

Original poster

user464759 · 26/04/2017 08:06

The trellis & hedge were totally over on my land. If a tree grows over a fence, it's not up to the tree owner to enter the neighbours garden & maintain it.

OP posts:

RebootYourEngine · 26/04/2017 08:07

The hedge i wouldnt be so fussed about as it will grow back but i would be annoyed about the trellis. What has he done with that?

londonrach · 26/04/2017 08:13

Need diagram before i comment 😄

RaspberryOverloadsOnChilli · 26/04/2017 08:13

Also, who actually owned the boundary? ie, who owned the chain link border? Cos, if that was yours, OP, then he had no right to even remove the chain link. Most deeds will show which boundaries belong to which house. Our shows that we own the right hand side fence, and our neighbour owns the left side fence, and so on down the street.

Trills · 26/04/2017 08:15

He was within his rights to cut it back as far as the edge of the property.

The trellis was on your property and he should replace it or give you enough money that you could pay someone to put up a new one.

And more importantly he should APOLOGISE.

Collaborate · 26/04/2017 08:15

He's out of order. As some Apps have said, you're entitled to demand that he replaces like for like. Get a tradesman round to quote for the trellis replacement though I suspect that as has been mentioned above the privet is going to recover within a year anyway so no need to replant that. Present him with the bill for the work and if he won't pay you need to take him to court (small claims).

Collaborate · 26/04/2017 08:19

Also, who actually owned the boundary? ie, who owned the chain link border? Cos, if that was yours, OP, then he had no right to even remove the chain link.

OP has already said the chain link stood on the neighbour's land.

One further point OP is that if he's built a wall hard up against the boundary he should have served you with a Line of Junction notice under the Party Wall Act, and waited a month before starting work.

HappyFlappy · 26/04/2017 08:19

He cannot legally remove your property which is on your land. He can cut off any branches etc the extend into his land.

Had he spoken to you about it, the two of you could probably have got it sorted beterrn you without having to destroy your trellis.

NeedsAsockamnesty · 26/04/2017 08:20

Are you meaning that it hadn't grown on his bit at all?

worridmum · 26/04/2017 08:22

if he has taken the trials down without damaging he most likely with re errect them after the wall is finished as if he was build the wall on the boundry the trails could of blocked that.

So he should of asked you before doing it but unless he has damaged them there is nothing stopping him re-errecting them and a court will not order him to replace with brand new trails if the ones he has taken down are not damaged

worridmum · 26/04/2017 08:24

oh and he can also cut roots that encrouch upon his land as well (aslong as they are not a protected tree )

thiskiwicanfly · 26/04/2017 08:30

Just a little point. Privet is highly allergenic and on this side of the pond it grows exceptionally quickly -I believe it is classed as a noxious plant here. So this could actually be seen as a good thing (provided he took the waste material away) and you can plant something that will be easier on the nose... just trying to see a silver lining for you possibly?

I would however be super pissed off if someone cut it without asking and also removed my trellis or fence... he was completely out of order on that one and should pay for reinstatement IMHO.

TheTabardOfDoom · 26/04/2017 08:36

I would ask for two hundred as compo and an apology as it's done now. Feed the roots like crazy and water them too. It will grow back quite quickly that way and then I would find lots of little irritating ways to fuck my neighbour off if he refused to apologise
There is nothing more you can do. It's not worth court.

ADishBestEatenCold · 26/04/2017 08:46

I think you should watch this situation very carefully, OP.

Where is the boundary? For example, if the boundary is where the chain link fence was, then AFAIK no part of his wall can encroach over the boundary. If he intends that the wall be a shared wall then, with your agreement, it could straddle the boundary (but you may then be liable for shared maintenance of the wall.

Also check that he's not planning on coming over the boundary e.g. If the boundary was the fence, did he remove your trellis to encroach his wall to that point?

He would have been more neighbourly to talk to you before doing this.

user1493035447 · 26/04/2017 08:54

It is actually criminal damage. I don't think £100 is reasonable compensation for this. How big is the brick wall? If you really want to go for it,, report him for tresspassing and chase up the local council regarding planning permission. It depends how well you get on. Alternatively you could say you want them to pay for a new trellis and plants, and this will undoubtedly be £100s. I think it is bang out of order doing that. I'd make sure the driveway and wall is also not encroaching your land (which I suspect it will be), or he really will have to move it.

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