Returned home to find neighbour in my garden

[OyO]

I don’t know what to think about this.

I’m supposed to be at work all day, as normal. Came home early with some kind of sickness bug to find my neighbour standing in my garden chopping away at a hedge.

I was completely startled and said ‘hello? Can I help you?’ To which she responded: ‘well you were never going to cut it’ and brazenly carried on. I asked her to get out of my garden, she took her time and then climbed a ladder to go over the fence and back to her side. She’s now leaning over the hedge into my garden and still trimming it.

I’m at a loss. She’s so brazen I’m not sure if I’m being unreasonable in thinking she’s cheeky or not.

We have a 6ft fence separating us half way then a 5ft hedge. The hedge belongs to her and sits on her boundary. It’s an unruly hedge which overhangs into our garden and has done for the last 3 years (since we moved in). Our cat lounges under the overhang as it offers shelter and we have a family of dunnocks that live in the actual hedge. They’ve been there for years and we feed them daily plus have a bird bath for them.

The cat is now terrified hiding indoors right now and the dunnock nest has clearly been disturbed due to how far back she’s cut the hedge.

It’s a private garden. She’s in her 70s and doesn’t speak to anyone except to police their gardens. She once collected up all of the blossom from her front garden that had fallen from someone’s tree and dumped it on their drive (it blew back again ).

She’s right, I was never going to cut it back because I didn’t want it cutting back. Is she allowed to do this?

I’m also worried that she may pop into the garden whenever she feels like because she really didn’t seem to fussed about me catching her.

@bondgirl76

1. it is nesting time

2. why is it your business what next door's garden looks like?

Half the point of having a garden, for many of us, would be to help wildlife, not to have immaculate lawns.

Because people should take a pride in their properties,thats why.Help wildlife? lol lol.Its an excuse,and you know it.

Not the same as a hedge.Is it it now?

This is wholly unacceptable behaviour by your neighbour. It is tresspass as well. Had a similar situation around 10 years ago when neighbour took it upon himself to come into our garden and attack a (small) tree in our garden (that did not overhang or anything). (have since moved). You have to live with your neighbours (and perhaps cut a bit of slack to somebody who is old and quite set in their ways) but this needs to be nipped in the bud. Guess I would recommend trying to approach the matter somewhat diplomatically while at the same time being firm and clear that no repeat of this type of behaviour would be tolerated.

@bondgirl it is illegal to disturb nesting birds and yes, people are prosecuted for it. Ignorance of the law is no excuse.

I wish someone would come in my garden and tidy up.

Well you always put decking up & put slabs down, just to make it low maintaince.Because people should take a pride in their properties,thats why.

You could just trim it like this op:- goo.gl/images/AVVsrM

I'd also try planting a new hedge on your side, something super prickly to protect the birds and deter predators like shear wielding neighbours. Pyracantha, Berberis, Mahonia, Holly would all be good candidates ;)

If she is just trimming the hedge then that is perfectly fine (obviously if she is not trespassing in your garden of course.) It is her hedge and she is entitled to do that as long as she is not chopping it in half(, say because of nests).

The detail about prosecution for cutting down hedges with nests is pretty much nonsense though, How many prosecutions from RSPB have you ever heard of?

Hi just to confirm all wild birds, eggs and nests are protected as a default except in certain circumstances, such as hunting game birds in season, or under licence. It is illegal to intentionally take, damage or destroy a wild bird’s nest while it’s being used or built. The big challenge in prosecuting is proving intent. If I were you I'd video a conversation with her in which you inform her there are breeding birds in the hedge and that her actions will cause them harm. That would be gold dust, alas without evidence the most that happens is a ticking off from a wildlife crimes officer.

There you go, from Kittykate. Need to prove intent to prosecute, I imagine the doesn't happen very often.

You would have to be an utter twat to disturb nesting birds and other wildlife for the sake of appearance.
Or for any other reason.

I acted for a developer client who grubbed up hedges on a disused site he needed to prep for building works.....in Narch (ie nesting season). Local residents saw, and contacted their local police station where one of the sergeants was a bird twitcher. The police had no intention of prosecuting (bigger fish to fry), but my client had a very nasty hour in Aon interview room being read his right and questioned about it. He was in a proper sweat by the end of it!

Apologies for typos - fat finger syndrome 😐

Legally she can’t enter your property even it’s to trim an bush or tree which overhangs her property. That would be trespass. She can take down any branches etc that overhang her property but only from her side but she has to return the branches she cuts off, so throwing them over your side of the fence is actually fine. It’s called abatement.

She sounds awful OP and a completely brazen for coming onto your property. It’s a civil matter so the police wont get involved. Not sure how to stop her unless you have a means to stop her entering your property (I know you shouldn’t have to).

Just reread your original post op. I’d report her to the RSPB!

u need to stand up and say no.. ppl like that think they can get away with anything, i would have reported to police as it's trespassing

Lively, as I understand from just reading through, the hedge is actually on the neighbours side, and overhangs into OP's garden. So they are NOT OP's cuttings.

She shouldn't be on your property and sounds a right pest! 🙄
Mmm Send her round ours in 4 months, we've just paid £210 for our hedges to be cut 😊

She sounds like a self-righteous nightmare who has obviously been entering your garden whenever she feels like it.

I hope the RSPB send a strongly worded letter to her and threaten to fine her!

Weed bombs, absolutely!

@busybarbara That’s incorrect. You cannot damage or destroy the nest of ANY wild bird. Protection of Schedule 1 birds goes further, in that you can’t disturb a bird at all if it’s nest building or already nesting, or their young.

www.rspb.org.uk/birds-and-wildlife/advice/wildlife-and-the-law/wildlife-and-countryside-act/

That's exactly what I said. You can't destroy or damage but "disturb" is category 1 only. You can trim a hedge or tree a nest is inside without destroying or damaging the nest.

I'm old (ish)
People are arses at any age. No need to cut slack on grounds of age in this case.

Although, the consequence of age can result in a finely tuned total twunt skill set.

@bondgirl76

Why the lol at helping wildlife? Do you lol at people doing conservation work and volunteers at animal shelters?

I expect you do.

It's law that if you cut something from someone else's garden that is grown into your garden you have to put whatever you cut over the fence to return it to the rightful owner - branches, whatever. She is entitled to cut whatever overgrows the boundary into her property. She is NOT legally entitled to enter your garden and cut stuff on your side. That is trespass. Why don't you hop over into her garden and chop down some things she treasures? That will teach her.

During Storm Dora my fence came down. Once the storm was over l heard sawing in my back garden. My neighbour was in my garden sawing wood to fix my fence. He then added extra planks to the still upright panels to strengthen them and painted them all.

I then heard a brushing sound.....

He was brushing my fake grass. He picked up all the dead leaves, twigs etc stood my ornaments up that had been blown over and left.

Such a nice man. I did send a card to thank him and he said it was no bother, he was retired now and could do these "little job's".