AIBU To deny neighbour access to my garden to cut bushes?

HouseIsOnFire · 2023-06-14T18:49:25+00:00

Hi all, ongoing issues with neighbour being overly intrusive and just general CF, trying to have as little to do with them as possible (you may remember previous threads telling me off for wanting to not be blocked in on my drive, lecturing me on not being in to accept their parcels and blocking the shared access with a cat poop filled planter). Was texted today to ask if they could come into my back garden to cut back their hedges, I politely declined and explained I have a gardener already scheduled in to do this (trained tree surgeon/arboriculturalist which neighbour knows as they cornered him last time he was here and tried to make him make changes to my garden on their say so!) NB they are end of terrace, so do not have rights to shared access Text back from neighbour saying bushes are their responsbility and so would prefer to do it... Am I within my rights to say no? I know it sounds petty and like I'm declining free garden help, but I really want nothing to do with neighbour and do not want to be indebted in anyway - they are completely crazy and I don't want to become involved/ wander into my garden and find them there. AIBU - Let neighbour have access to deal with overhanging bushes AINBU - Stand firm and let the gardener do it

Whatabouteryallaboutery · 14/06/2023 19:52

Legally, it depends if there's a right to access for maintenance that they have the benefit of over your property. Morally, I think you're right not to let them in as you have someone more skilled coming in to sort it!

PoppedNotFried · 14/06/2023 19:53

Will your tree surgeon need access to their garden to deal with the hedge?

Sunnydaysareuponus · 14/06/2023 19:54

Beware of cf trespassing when you are out!..

Original poster

HouseIsOnFire · 14/06/2023 19:56

PoppedNotFried · 14/06/2023 19:53

Will your tree surgeon need access to their garden to deal with the hedge?

Yes, he will access my garden via the legal shared access path (diagram from previous):

AIBU To deny neighbour access to my garden to cut bushes?

OP posts:

Morechocmorechoc · 14/06/2023 19:59

Normally I'd say let them have the hassle, but if they are that crazy then of course don't let them. They might be their bushes but if they are over your property its for you to deal with and you have every right to cut back fully to the border.

Fatbenelton · 14/06/2023 20:01

I'm not a lawyer so this may no longer be accurate but from experience you have a legal right to trim any bushes etc which come over the boundary. However, the bushes/plants etc remain your neighbours property and you have to return them or at least offer. Sounds crazy but if you unilaterally cut and dispose they could try and accuse you of theft as you have removed their 'property'. 99.9% of normal folk wouldn't care but if you have an adversarial relationship with your neighbours it's worth pointing out. Interestingly, there is no obligation to offer to help cut back plants &bushes growing over a boundary so I'd let them do it!

Original poster

HouseIsOnFire · 14/06/2023 20:09

Fatbenelton · 14/06/2023 20:01

I'm not a lawyer so this may no longer be accurate but from experience you have a legal right to trim any bushes etc which come over the boundary. However, the bushes/plants etc remain your neighbours property and you have to return them or at least offer. Sounds crazy but if you unilaterally cut and dispose they could try and accuse you of theft as you have removed their 'property'. 99.9% of normal folk wouldn't care but if you have an adversarial relationship with your neighbours it's worth pointing out. Interestingly, there is no obligation to offer to help cut back plants &bushes growing over a boundary so I'd let them do it!

Oh I know about this, more than happy to throw it over their fence if they decide that's what they want :D (But thank you, I will check)

OP posts:

Hedgesfullofbirds · 14/06/2023 20:12

Nobody should be cutting hedges between 1st March and 31st July anyway, since it is still probable that many hedge nesting species of birds will still be nesting or rearing second or even third broods of chicks!

Farmers are not allowed to do so, with a few specific caveats, or they risk losing some of their subsidies, and it is high time the law was changed to include domestic hedges in this legislation. A slightly unruly hedge or shrub providing wildlife value is far, far better than a 'manicured' excuse for wildlife habitat! The penalties for knowingly or wilfully destroying nests, eggs or chicks are, quite rightly, harsh and nobody but a twat can, hand on heart, cut a hedge without knowing that they are taking that risk.

Tell your neighbour that OP, it is a perfectly valid reason to deny them access until your arborist ( who should bloody well refuse to carry out any hedge work until 1st August) is ready to do it for you.

See my username - it is something about which I feel very strongly and no professional gardener with an interest in wildlife and conservation would dream of hedgecutting through the spring or summer

Original poster

HouseIsOnFire · 14/06/2023 20:19

Hedgesfullofbirds · 14/06/2023 20:12

Nobody should be cutting hedges between 1st March and 31st July anyway, since it is still probable that many hedge nesting species of birds will still be nesting or rearing second or even third broods of chicks!

Farmers are not allowed to do so, with a few specific caveats, or they risk losing some of their subsidies, and it is high time the law was changed to include domestic hedges in this legislation. A slightly unruly hedge or shrub providing wildlife value is far, far better than a 'manicured' excuse for wildlife habitat! The penalties for knowingly or wilfully destroying nests, eggs or chicks are, quite rightly, harsh and nobody but a twat can, hand on heart, cut a hedge without knowing that they are taking that risk.

Tell your neighbour that OP, it is a perfectly valid reason to deny them access until your arborist ( who should bloody well refuse to carry out any hedge work until 1st August) is ready to do it for you.

See my username - it is something about which I feel very strongly and no professional gardener with an interest in wildlife and conservation would dream of hedgecutting through the spring or summer

Duly noted! However my side is literally a few stems - If I was so inclined I could go and trim it myself with some kitchen scissors in about 10 mins I think. However the garden is so small, I had to bulk out the gardening request to make it worth the gardener coming monthly!

(And fear not, my gardener has already schooled me on that, the tree that is dying and the reason I asked him around in the first place isn't being cut until end of season - this is what neighbour was demanding him to do without even knowing why he was there, and he has advised that it is dying because of (neighbour's unpermitted) and overzealous pruning in the first place - tree is nowhere near the fence border either!!!)

OP posts: