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Original poster

Hedge

163 replies

Lowdown · 16/05/2018 20:50

Our neighbour cut down our hedge while we were out. The hedge is fully on our land. They lifted out their fence panels put a chain saw through the bottom of the hedge leaving stumps and put their fence back up. The hedge was mature and 2 metres in height.

What is the best course of action? I believe in law that they only have the right to trim up to their boundary.

OP posts:
Collaborate · 16/05/2018 22:57

It is a criminal matter. Complain if they don't investigate.

Get a gardener round to quote you for the cost of replacing it with a mature hedge. That's the amount you sue them for.

wormery · 16/05/2018 23:01

I would get a quote for removing the stumps, replacing with a mature hedge and clearing away any rubbish. Good luck, Smile

BSJohnson · 16/05/2018 23:14

Lift out their fence panels and take THEM to the tip. G'waaaan! Grin

Original poster
Lowdown · 17/05/2018 17:27

Ha! That would be great to lift out their fence panels and take them away but I bet the police WOULD come along and log it as my criminal damage.

I'm awaiting a call from the legal department of my house insurance company.

My other neighbours on the other side can't believe it. Those neighbours are lovely.

OP posts:
wormery · 17/05/2018 18:04

You make sure you are not out of pocket or your insurance premiums go up, it will end up having been a very expensive days work for your neighbours. Have they spoken to you about it or explained why they did it or, heavens forbid, apologised. Confused

Original poster
Lowdown · 17/05/2018 18:13

No apology. Just defiance. They didn't like the hedge and had every right to remove it. In fact they believe they have done me a favour by taking the debris away!

I did point out that any bits hanging over their land are fine to chop but that you are not supposed to chop other people's hedges!

Other neighbours are lovely. Hedge their side is still there and they said they like it. It doesn't intrude onto their land. I went round and asked whether they were bothered by it and they said no it is fine and you get someone in every year to prune it so absolutely no problem.

OP posts:
worridmum · 18/05/2018 12:07

Take them to court get 3 quotes for removing the stumps and for replanting mature hedged and you can get costs awarded if they argue too much it would of been a open and shut case if you had photographed them in the act.

But you should still be able to win just might take a bit more fight.

wormery · 18/05/2018 12:47

At least they admitted it, it's unbelievable that someone could be so thoughtless and unaware of the basic law.

Original poster
Lowdown · 18/05/2018 14:15

I have heard back from my house insurance lawyer with free advice and my premiums won't go up if it goes to court. We have a £50,000 legal limit and it won't go over that but if it looks likely the house insurance company will get back in contact to ask if we wish to proceed.

My gut feeling was correct that they only have the right to cut up to their property boundary. They have in fact broken three laws and they should also have asked for permission before commencing any work. I will list them now as other people may find it useful information.

  1. They should have given the branches back and it actually considered theft in law not to offer them back.
  1. Trespass on our property (via the chainsaw).
  1. Damage to property by cutting the hedge down.

We have a 6 year period to take it to court and the other neighbour is a witness.

We are advised to follow these stages.

  1. One more friendly visit to advise them of the situation and see if they will make reparations.

  2. A 'Pre-Court' letter advising them of the seriousness of the situation and giving them a certain period to make amends. This must be posted with proof of posting.

  3. Off to court we go, probably to the small claims court given that it is a hedge but it depends on valuation of loss.

OP posts:
Original poster
Lowdown · 18/05/2018 14:18

I'm very grateful to the person who suggested looking at our house insurance and of course to everyone else offering advice. Thank you.

I'll keep you updated.

OP posts:
TheClitterati · 18/05/2018 16:00

Nice one OP - don't forget you are a witness too - you saw them doing it, and they told you they did it (confessed as it were). Nice to have the neighbour to corroborate you though.

wormery · 18/05/2018 16:09

Good for you for pursuing this, cheeky buggers. Does the insurance company send someone round to have a look and do you have to supply quotes. I wonder if you can also claim damages for the inconvenience of having new hedging planted, be sure to get nice ones. I'd go for option 2, who writes the pre court letter. Would it be worth taping any conversation you have with them. If they have broken the law do the police now get involved.

BewareOfDragons · 18/05/2018 16:09

That's beyond appalling behaviour.

I would insist that they pay for gardeners to dig out the old root system and stumps and pay for replacement hedge plants of a decent maturity level.

Tell them you have been in contact with your solicitor, and you will be going to small claims court over it if they don't and you are also calling the police re trespass and criminal damage. (Don't let on you've already called the police.

I'd also personally threaten to go the media if they don't start making things right; they won't want to be 'famous' for such shitty behaviour.

Do not just do nothing!

ChardonnaysPrettySister · 18/05/2018 16:30

Take someone with you when you go to talk to them first, as a witness.

Gazelda · 18/05/2018 16:42

I've often seen people suggesting contacting legal advice via home insurance, but always been sceptical about how useful that would be. I'm so pleased you got some swift and helpful advice from them.

Dodie66 · 18/05/2018 16:51

Post a photo of your hedge

CiderwithBuda · 18/05/2018 16:56

Crikey. You do have to wonder about some people’s thought processes.

Hope you get it sorted.

Original poster
Lowdown · 18/05/2018 18:03

I'll get a photo when they go out. I really don't want to have any more conversations. Calm patient DH has volunteered to go round.

I don't think I want the media! Happy though the thought of public humiliation may be I just want to get on with people. Although I suppose there is NO likelihood of being friendly neighbours now.

OP posts:
Original poster
Lowdown · 18/05/2018 18:04

I think they relied on me 'doing nothing'. They will be in for a shock.

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wormery · 18/05/2018 18:06

They will certainly be in for a shock, I am guessing this will teach them that they cannot just invade someone elses property and hopefully not pull a stunt like this again.

ZenNudist · 18/05/2018 18:10

Good. Sue 'em, bastards!

ChardonnaysPrettySister · 18/05/2018 18:12

It's shocking what people get away with, or rather think they will get away with.

The hedge wasn't too high, 2 meters isn't excessive.

JustbackfromBangkok · 18/05/2018 18:16

And definitely consider nesting birds.

bastardkitty · 18/05/2018 18:17

I would start with 'We want to give you the opportunity to resolve this without being taken to court. Our solicitor advised us that you have broken the law on 3 counts and it will be VERY expensive for you if we have to go to court'. Absolute twats!

Original poster
Lowdown · 18/05/2018 18:28

That is a good opener kitty. I have written it down for dh.

OP posts: