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Legal matters

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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:
Lowdown · 18/05/2018 18:30

Any nesting birds flew away or went to the dump in a van!

OP posts:
wormery · 18/05/2018 18:54

Tell them you've been in touch with solicitor who advised theft, damage and trespass, they will probably want to seek legal advice if they've got any sense. Give them deadline of Monday lunchtime to either pay up and make good now or go through legal channels, that would end up costing them more. Make sure they don't think you will be claiming repairs on your insurance.

Lowdown · 18/05/2018 18:57

The legal advisor said to give them two weeks and then the first letter should be sent. They have to be given a reasonable time to think it through.

OP posts:
Lowdown · 18/05/2018 18:59

I'm not looking forward to their reaction. Conflict with neighbours is horrible but they have not left us with much choice.

OP posts:
Achafi · 18/05/2018 19:07

I'm surprised the police wouldn't crime it have you thought about making a complaint?

wormery · 18/05/2018 19:32

Oh, go by what legal advisors have suggested. Don't worry about their reaction, they shouldn't have done it, tough titty.

Lowdown · 18/05/2018 20:45

Tried the police. No luck there as they consider it a civil matter until the neighbours become violent or threatening. I guess that the police have limited resources and to be fair this wouldn't be high on their priority list.

The neighbours are idiots but non violent idiots. If they punch dh then that is a different matter!

OP posts:
Banana8080 · 18/05/2018 20:53

Just wow!!!’

JustbackfromBangkok · 18/05/2018 21:26

My friend's neighbours blocked up and cemented over the entrance to a birds nest with chicks in it that was under the eaves of their roof.
The police and the RSPCA were very much interested. The poor adult birds were going mad trying to get in and the chicks were obviously very distressed.
Stupid ignorant people seem to be everywhere.
They were fined because it is against the law.
So if any nests or eggs were destroyed OP, that should be added to the list of offences.
Many small garden birds are endangered now.

Lowdown · 18/05/2018 21:34

I have lots of birds in the garden and at least two nests but I don't know for sure if the hedge had any nesting birds. If I had known this was going to happen I would have done a nest inventory.

I hope not.

OP posts:
MollyHuaCha · 18/05/2018 21:49

Wow, shocking behaviour from neighbour.

Achafi · 19/05/2018 08:24

How were your neighbours when your dh went round?

dayinlifeof · 19/05/2018 08:33

Good luck, what appalling behaviour. We have a lovely hedge which belongs to our neighbours, every spring it overhangs our garden and stops us opening our awning which means I now have to have the curtains shut to keep the sun out of the lounge or the room is too hot and bright to sit in.

The hedge has beautiful, scented flowers and at least three birds nests so we put up with the inconvenience. Your neighbours sound appalling, I hope in a way that it does have to go to court to teach them a lesson that's long overdue.

Greenkit · 19/05/2018 11:22

CFer's

Good on you for taking them to court if they don't put right the damage

Otterseatpuffinsdontthey · 19/05/2018 11:35

Admiration! Good Luck!
Placemarking Grin

chavtasticfirebanger · 19/05/2018 15:37

With you OP.
What is it with all these arseholes who are desperate to erase any kind of nature from the earth?
Hope you get it replaced and with any extra I'd plant a bloody great oak tree at the bottom of the garden.
All those who can only bear concrete, fences and fake grass should take themselves to the grey concrete drabness of former communist regime buildings where not a tree, plant or bird survives.
A world without greenery is soulless.

Trethew · 19/05/2018 15:46

Make sure your quotes for reinstatement include removal of the stumps, purchase of new mature plants and ALL LABOUR

Lowdown · 19/05/2018 17:20

Rather than show the whole hedge I have zoomed in so that nobody can identify locations / people. The whole hedge is like this and all on our land.

Professional gardener came round today and confirmed that their are nesting birds in the other remaining hedge.

Hedge
OP posts:
chavtasticfirebanger · 19/05/2018 17:33

That is well out of order. No idea re legal implications but having gone through similar I am angry for you OP.

wormery · 19/05/2018 17:41

That is very sad if there were birds nests, that's another crime. Has your dh spoken to them yet.

Lowdown · 19/05/2018 18:08

Not yet. They have been out all day.

OP posts:
wowfudge · 19/05/2018 18:44

Trespass plus intent to commit a criminal act is burglary. I am aghast at your neighbours' behaviour. The police are wrong that this is a civil matter.

BelieveAnything · 19/05/2018 19:03

Sorry if you already know all this but thought you might be interested

I think that looks like laurel (?) which is usually fast growing and inexpensive. It may well survive the nieghbours hacking and should sprout new growth quickly. (Hopefully? If you want to encourage new growth then make sure you water the area well) I had a quick look and you can buy 2 metre laurals in pots for £80.

Jonbb · 19/05/2018 19:05

@wowfudge Trespass plus intent to commit a criminal act is burglary

Best to keep your legal opinions to yourself or do some research. It's criminal damage and may be trespass depending upon whether they entered the OPs land to carry out the act. It can't be burglary because the perpetrators did not enter the building.

wowfudge · 19/05/2018 19:59

@Jonbb - my mistake as I wrongly recalled the components of burglary. But hey, you put me right.