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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 · 19/05/2018 20:39

It is laurel.

Unfortunately they have ripped a third of the roots out completely so that part of the hedge will have to be replanted. I've had a look at the bits they chopped off ( see photo) and they are already sprouting. I wonder how long it will take to get back to 2 metres high?

OP posts:
RandomMess · 19/05/2018 20:47

It would take years!!!!

Go ahead and get the quote for mature replacement and if any fail to take they will have to pay for the replacements too..,

RandomMess · 19/05/2018 20:49

Internet says 30-60cm per year!!! About 20% of the ones I planted failed to survive Sad

Trethew · 19/05/2018 21:19

The chopped ones that are resprouting will have established roots and will whizz away, but the whole hedge will look scrappy and irregular for years. Would be more aesthetically pleasing to start again with a batch all the same. After all, they will be paying

wormery · 19/05/2018 21:26

Did you like the way the hedge looked before they got their mits on it, you don't want a mix n match in height and bushiness, maybe the stumps could be put somewhere else and you get a lovely new mature hedge. I hope you are ok with getting compensation for all the hassle, phone calls, inconvenience of having people in.

WobblyLondoner · 19/05/2018 21:37

So shocked by this post - what were they thinking? What is it about the hedge that bothered them do you think? You mentioned the fact that they had to remove fence panels to do it - did the hedge overhang the fence on their side at the top? But whatever their motivation what a stupid and callous thing to do.

Twoo · 19/05/2018 21:40

Oh no OP. How truly awful for you, you dh and the wildlife. Those poor nesting birds.

Why do some people think they are so entitled & special.

BelieveAnything · 19/05/2018 21:43

Why have they removed some of the roots? Was that on their side of the fence?

Earlybird · 19/05/2018 21:52

I don't understand how a hedge behind a fence was a problem to them. Had they ever spoken to you about it?
And just so I can understand, what is the fence made of, and how high is it?
Is it your fence or theirs?

Hard to fathom this behaviour. Unbelievable, really.

ChardonnaysPrettySister · 19/05/2018 22:00

Some people are only happy with concrete and plastic around then, Earlybird.

Anything that grows is dirty, unhygienic and scary.

condepetie · 19/05/2018 22:01

This is astonishing, the cheek of it! I'm glad you've had good legal advice OP and are taking it further. They can't get away with doing this.

notapizzaeater · 19/05/2018 22:05

Omg, I'd be furious .... what planet did they think they could do this. Perhaps I should nip next door and chop the cherry tree down as it's big ?

canthavethenameiwant · 19/05/2018 22:06

I'd be fuming! Why on earth did they think they could just go do that!!

ColourfulOrangex · 19/05/2018 22:10

Wow how cheeky of them! If it wasn't in their land what was the problem?

Good luck when your DP speaks to them
Wine

Lowdown · 19/05/2018 22:12

Best not to chop the cherry tree! Go and have a friendly chat with your neighbour. I really wish that had happened in our case.

I'm wondering if the hedge had caused any damage to their fence as they have put a new fence panel in. It might explain the extreme action. But why not come round and talk to us?

OP posts:
llangennith · 19/05/2018 22:17

A hedge will take years to establish. Plant some fast growing conifers. They grow at least 3ft a year.

RandomMess · 19/05/2018 22:19

If it were damaging their panels you could have agreed to let them trim back the whole side behind the panel after the fledglings had left their nests!!

No need to remove and probably no need to have s fence anyway as the laurel was providing privacy along the boundary!!!

wormery · 19/05/2018 22:25

Don't start blaming yourself. Even if the hedge was pushing against their fence they could have just told you, removed the panel and trimmed it back after birdies had gone, they had no reason to chop it all down. They must know They are going to have to pay to replace it, maybe the gardener suggests planting a bit further away from the fence but don't feel bad.

BubblesBuddy · 20/05/2018 01:30

Actually laurel hedges are thugs. No self respecting bird nests in a laurel. Don’t replant with leylandii either. No birds nest in them either. They should be banned.

These “stumps” need to be cut down and I’m surprised it was only 2m high looking at the thickness of the trunks. These are laurel trees really. How tall are the “stumps”? I was expecting to see them at about 1 ft high.

Obviously they shouldn’t have been cut down but do replant with beech or hornbeam as they are much friendlier to wildlife and easier to trim. They look good in about 3 years.

Looking at the laurel trunk, they seem multiple and deep so were they damaging the fence? What about proximity to foundations?

Fight their damage though and try and get them to pay up. The small claims court is not great and solicitors costs will mount up if you do not use the SCC. Look upon this as an opportunity to get a wildlife friendly hedge!

BelieveAnything · 20/05/2018 01:36

BubblesBuddy. 😂. I didn’t like to mention it but I’m not a Laurel tree/hedge fan either. (Although I think some types are better than others. )

Trethew · 20/05/2018 07:40

bubbles as I sit here with my cuppa I’m watching two blackbird families coming and going from their nests in my laurel. Maybe they have no self respect, maybe all the hawthorn is occupied, or maybe things are just different in Cornwall.

Lowdown · 20/05/2018 09:38

Laurel hedge was planted before we bought the house and has been there happily for over 20 years. The branches are thick but it is cut down every year. I'm only speculating about one fence panel being damaged as they have not said so. There is one root low down close to the border. I'll get it cut off when we have the hedge the other side trimmed.

I take your point about there being more wildlife friendly hedges. However there are definitely nests in the other hedge. Maybe this is an opportunity to replant something prettier?

OP posts:
Lowdown · 20/05/2018 09:39

But surely if when they moved in last year they didn't like the hedge type or spotted a problem they should have knocked on our door?

OP posts:
Bluntness100 · 20/05/2018 09:45

It will take years to grow and buying mature hedge plants is very expensive indeed.

Small claims court isn't expensive , it's an online application and costs about 80 quid I think.

That's a really shocking thing they did. It doesn't matter if it's had damaged the fence, they can't just chop it down. Clearly they thought once it was done it was done and you'd do nothing.

I suspect you're off to court. It will cost thousands to replace with a mature hedge and I doubt they will be willing to step up and pay unless forced. And personally I'd force this.

Lowdown · 20/05/2018 09:48

I'll have to ring the legal team and discuss what happens if their fence panel was damaged. Would there be an award on both sides? I don't know the process.

The legal adviser was quite clear that they would use the small claims court.

OP posts: