Neighbour, the hedge and the fence

[pistachioandhoney]

Over the past year we have had a lot of issues with our neighbour. The branches of their hedge intruded our garden by up to 1.5 metres and we received a barrage of abuse over trimming it, even though we told them and asked what to do with trimmings. Then their fence collapsed in areas in the wind and they refused to fix it even though it was falling down and could injure my children and the dog could escape into the road. We were told not to touch the fence as that was illegal.

Today I have a contractor erecting my own fence a few inches in front of theirs. They are hitting the roots of their hedge and I am a bit concerned about this. The roots are on my land but I need to know if I have to show any consideration and am liable for any damage? I don't want any more issues with my neighbour as it is really horrible and I just don't want anything to do with them. However, I need a fence erected and it is well within my land.

Also, I am just waiting for them to come out and ask what we are doing, how this affects their hedge etc. They have form for creating massive drama just for the sake of it. Can they demand we halt the work?

Can you go out and leave the contractor to it?? This link says that you have the right to cut branches and roots that are on your land. Country Life

Thanks anotherday.

My understanding that you can cut back to the boundary but not if it will kill or endanger the plant (e.g. If you make a tree unstable). I think you should be ok with your fence. That article is misleading though, not relevant here, but you cannot cut down a branch from a tree with a tree preservation order unless you have approval from the council. You don't need approval from the neighbour though.