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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:
sparklepops123 · 20/05/2018 21:37

You've not actually said - your shocked reaction - ?

wormery · 20/05/2018 22:10

Don't worry, you will get the opportunity to see them, if they do disappear the legal team can advise you.

Lowdown · 21/05/2018 08:11

When I came back and caught them cutting it I went round and expressed dismay and told them it was illegal. I didn't raise my voice, just had a mini rant about the fact that they had cut a hedge on our land without telling us. I was probably too restrained in hindsight but I don't like conflict.

By the way I have looked at the RSPB stuff and it is an illegal offence to cut a hedge with nesting birds.

OP posts:
JustbackfromBangkok · 21/05/2018 10:08

Yes. That is why I mentioned nesting birds in my previous posts.
You may well have more success with a prosecution on those grounds than on trespass or damage to property or anything else, given that the police are very reluctant to take action on anything these days, the RSPB are very proactive.

wormery · 21/05/2018 12:06

Would you need proof that here were birds nesting in there, does the same apply if my neighbour trims back my hedges that overhang her side, there are several nests in there and I don't want them disturbed.

JustbackfromBangkok · 21/05/2018 13:28

The RSPB website explains the law.

wormery · 21/05/2018 13:38

Thanks Just I'll take a look

PurpleStarInCashmereSky · 21/05/2018 13:41

Wow. Just wow.

Clutterbugsmum · 21/05/2018 13:53

Tough shit if they are upset that you expressed your upset because they were trespassing on your property and destroying your hedge.

They are avoiding you because they have been told that they are in the wrong and want to avoid you.

BewareOfDragons · 21/05/2018 17:28

Have the neighbours returned yet?

Lowdown · 21/05/2018 18:27

DH has gone round. All thankfully resolved. They are going to re-plant and put it back. DH said it was all polite and amicable.

He was definitely the best person to go round as he is used to resolving stuff like this at work.

Thank heavens. As long as they do what they say they are going to do we won't have to go the legal route. I'm so relieved. And it has ended on a friendly note too. Smile

OP posts:
Lowdown · 21/05/2018 18:28

I also suspect they went away and checked the law over the weekend.

OP posts:
Aridane · 21/05/2018 18:36

Well done

Aridane · 21/05/2018 18:37

Hopefully like for like though with mature bushes

Aridane · 21/05/2018 18:39

Ha - garden furniture adverts are now popping up with pictures of amazingly dense foliage Grin

wormery · 21/05/2018 18:40

Good it's all sorted, yes I expect they did look up the legalities. Make sure the gardener removes all the old stumps and that you get to choose the new hedging that YOU want. An apology, gift voucher or at least a couple of bottles of vino would also be appreciated. Bet they won't be doing that again.

Lowdown · 21/05/2018 18:44

I think a giant advert for my house insurance company should pop up. The legal expert who talked me through all the rules was amazing.

It is the first time I have ever used house insurance for anything. I'm staying with this firm!

OP posts:
LadyGAgain · 21/05/2018 19:01

Can you share which one or is that not allowed?

PandaPieForTea · 21/05/2018 19:23

Do the neighbours know how much this will cost them? I just wonder whether they will really replace it like-for-like.

Lowdown · 21/05/2018 19:39

I don't know if it is allowed but I can send you a PM with the insurance company if you like LadyGAgain.

It did occur to me that this might be a problem Panda but laurel is cheap. I can't really ask for them to put something more expensive back in its place.

I mainly wanted the hedge back and the principle that it should be left alone in the future. I don't think they will try it again.

OP posts:
RandomMess · 21/05/2018 20:10

You could get quotes for replacement laurel and then pay the difference for replacing with something different?

LadyGAgain · 21/05/2018 20:12

Thank you - a PM would be great (frantically tries to work out how to access that on a mobile device ConfusedSmile)

wormery · 21/05/2018 20:19

I would expect them to pay to have old stumps removed and a mature hedge replanted, so what if you get something more expensive, they could have ended up paying legal fees and damages.

GlitteryFluff · 21/05/2018 20:43

Sounds like a success.
Though don't get your hopes up until they've actually replaced the hedge!

oakthorn · 21/05/2018 20:51

Laurel is not cheap in containers and semi mature plants . I work for a commercial landscaper and this is not a cheap fix