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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

neighbour - is this legal?

47 replies

icancount · 22/04/2022 02:29

Would there be any circumstances you can think of, where it would be ok to lean over a 6ft fence (theirs) and chop off the top of our hedge without mentioning anything to us before hand?
(hedge was there first, then they put the fence up, then built a building - with windows - about 1m away from the fence.)

OP posts:
XDownwiththissortofthingX · 22/04/2022 02:36

Does the hedge cross the actual boundary between your properties?

icancount · 22/04/2022 02:43

absolutely not. Maybe a few wisps at the top, but they've cut about 2 ft off the top, back to the height of the fence.

OP posts:
XDownwiththissortofthingX · 22/04/2022 02:48

Well unless there's some sort of stipulation that the hedge needs to be maintained below a certain height, then I can't see how they would have any right to touch it, even then, that would be up to you to maintain it if it is entirely within the boundaries of your property, so the appropriate thing for them to do would be to approach you and ask you to have it seen to.

I suppose it could be considered criminal damage to your property, but unless you have some evidence of it being carried out and can mount an argument that the hedge has actually been damaged, or your enjoyment of your property compromised, I can't see the police being all that interested in a one-off neighbour dispute.

Have they got previous for other antisocial or inappropriate behaviours? I can understand them being pissed off if a mountainous hedge is blocking light to their garden, but they really should have spoken to you if that were the case and not acted unilaterally.

ArcheryAnnie · 22/04/2022 03:23

They can cut any bits dangling into their garden but no, absolutely not, should not be cutting the bits in your garden.

alpenguin · 22/04/2022 04:28

Is there not some planning restriction on the height of hedges?

Im not saying what they’ve done is right for a
minute but maybe they have misinterpreted planning regulations and your hedge was blocking light to their garden. They should have approached you about it first in that case or planning if you were unresponsive. 2ft is a lot to be able to remove if over a 2metre fence but they ought to have sought permission.

icancount · 23/04/2022 17:51

I was thinking of putting a trellis onto the top of the fence to stop this happening again. thoughts?

OP posts:
sophienelisse · 23/04/2022 17:53

Fuck the trellis I'd be putting anti vandal grease up. Cheeky fuckers. Or cat spikes.

BlanketsBanned · 23/04/2022 17:53

Yes put trellis up and if you know its them and you are on speaking terms ask them not to do it again

BaronessBomburst · 23/04/2022 17:55

Have they disturbed any nesting birds? That would be illegal.
Our hedge is full of sparrows.

BlanketsBanned · 23/04/2022 17:55

Did they need planning permission for the building, do the windows invade your privacy.

luxxlisbon · 23/04/2022 17:56

If they put the fence up then it is their fence and you can’t add trellis to the top.
Is the hedge a party hedge?
Has it consistently been trimmed to the fence height by either if you?

PansyPetunia · 23/04/2022 17:57

Why not ask them!?

Bit radical I know but you will then know what's going on..

mrsm43s · 23/04/2022 17:59

icancount · 23/04/2022 17:51

I was thinking of putting a trellis onto the top of the fence to stop this happening again. thoughts?

Obviously, you can't attach a trellis to their fence.
They shouldn't have cut your hedge, but if you've really grown it 2+ feet above a tall fence, then that's not very neighbourly.

BlanketsBanned · 23/04/2022 17:59

Pp is right, if its their fence you cannot attach anything to it but you could put up your own fence with trellis your side if you want to

worraliberty · 23/04/2022 18:01

It says in the OP that the fence belongs to the neighbour.

endofthelinefinally · 23/04/2022 18:02

Cutting hedges between March and September is illegal, regardless of anything else.

Horst · 23/04/2022 18:04

You cannot put anything on their fence. Maybe go and knock and ask why, then point out that they are not actually allowed to do what they did and that in future if they have an issue with it they should come and talk to you to agree a resolution to the issue.

2ft above a 6ft fence is pretty high though op and unless you keep it well maintained and they know they they may be worried about a possible hedge war of my neighbours 10ft bushes block all our light such situation. Again what they did isn’t right right but just a thought.

yellowsuninthesky · 23/04/2022 18:05

endofthelinefinally · 23/04/2022 18:02

Cutting hedges between March and September is illegal, regardless of anything else.

this isn't generally true for garden hedges, but nevertheless it is illegal if there are nests there

Suzi888 · 23/04/2022 18:07

Does your foliage block their light or damage their fence?
Speak to them, be considerate- both of you.

Suzi888 · 23/04/2022 18:08

2m is the max height of a fence and no you can’t attach anything by law- not your fence.

SunshineAndFizz · 23/04/2022 18:10

Our neighbours did something similar but they knocked on our door and politely asked first, as it blocks a lot of sun from the garden (previous owner apparently always said no).

They were lovely and we had no reason to say no, so happily told them to go ahead.

Viviennemary · 23/04/2022 18:17

I looked this up. If a hedge is more than 6 and a half feet tall then a complaint can be made to the local council. They will then judge each case on its merit re light, privacy etc. But this could show up as a neighbour dispute when you come to sell your house.

ArcheryAnnie · 23/04/2022 18:19

BaronessBomburst · 23/04/2022 17:55

Have they disturbed any nesting birds? That would be illegal.
Our hedge is full of sparrows.

This is a very good point - disturbing nesting birds is a criminal offence. Even if they wanted your hedge shorter (!) they shouldn't have touched it until August.

PainterMummy · 23/04/2022 18:21

Yes, you can put up trellis - but not attached to their fence. You can put your own stakes in the ground and attach trellis to that. You can even start it at the top height of their fence rather than purchasing taller trellis than you need

LIZS · 23/04/2022 18:25

You can't attach trellis to their fence. Did it exceed height regulations ie bordering a highway?

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