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Neighbours Hedge !!
Our neighbours hedge overhangs our side by approx 6" which has never been a problem we just trim it and keep it tidy . Last week though whilst we were out he reached over our side and cut it right back as far as he could reach - i don,t mean a trim he cut all the foliage so now theres a section of about 2 feet of just bare privet branches . I know in time it will grow back but it looks a mess - my question is - is he allowed to reach over to our side and do that ?
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Originally Posted by oldschool1955
my question is - is he allowed to reach over to our side and do that ?
Depends where the actual boundary is. If the hedge has been planted straddling the boundary, then it's a party hedge (jointly owned) and he has no right to touch your half.
If however, it's been planted on his side, then it's his hedge - but he still has no right to reach onto your side of the boundary. He could though reach over and into the hedge (an awkward manoeuvre!) to cut off any branches that head towards your side of the boundary.
N.B. I had a neighbour who never ever cut their side of a very big hedge, allowing it to get totally out of control. I had no option but to climb to top of a small scaffold tower and cut off the top periodically (when they were out next door!).
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I'd say no, they aren't allowed to cut anything on your side of the property. You can cut what you like on your side, but not on their side. Same applies to your neighbour.
Unless you've previously agreed to it, that is. Having said that, is it worth getting into a dispute for a bit of hedge?
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As you usually trim your side of his hedge, your neighbour probably thought he was doing something nice by trimming your side as well. Assuming that you have a good relationship with your neighbour, I wouldn't say anything to him/her and risk spoiling that relationship.
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Originally Posted by seivad
As you usually trim your side of his hedge, your neighbour probably thought he was doing something nice by trimming your side as well. Assuming that you have a good relationship with your neighbour, I wouldn't say anything to him/her and risk spoiling that relationship.
He wasn,t doing anything nice he butchered our side !! He isn,t the kind of person we can speak to - it,s just a petty act designed to upset us . Having said that its still our side he has encroached on isn,t it ? Not going to go down the solicitor route - too drawn out and expensive .
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I'd also say no.
It's similar if there was a fruit tree growing in their garden and the branches were overhanging into your garden, any fruit growing that is on your side of the fence is yours. If the neighbour was to take that fruit on your side of the fence then that would be classed as theft.
Go round and break his fingers.
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Originally Posted by Taxi Driver
I'd also say no.
It's similar if there was a fruit tree growing in their garden and the branches were overhanging into your garden, any fruit growing that is on your side of the fence is yours. If the neighbour was to take that fruit on your side of the fence then that would be classed as theft.
Not sure about that, as I've heard different......My take on the law is, the overhanging branches and fruit still belong to him. You are entitled to cut the branches back to the boundary, but must throw them back onto his side because they are his. Having said that, I'd be tempted to keep the apples!
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Can you encroach empty space? If he's leaned over he isn't on your property, one for Mr Google.
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Originally Posted by Taxi Driver
I'd also say no.
It's similar if there was a fruit tree growing in their garden and the branches were overhanging into your garden, any fruit growing that is on your side of the fence is yours. If the neighbour was to take that fruit on your side of the fence then that would be classed as theft.
Go round and break his fingers.
Cajones .. did you just make that up ?
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Originally Posted by gsgsgs
Can you encroach empty space? If he's leaned over he isn't on your property, one for Mr Google.
He must be in the wrong imo, as he's entered your airspace.....Reminds me of a friend who had a rather narrow side driveway, that only just accepted his car. There was nothing physically separating his driveway from the driveway of the woman next door. Who wouldn't tolerate him opening his car door more than about 6inches. Because to get out of the car, he had to swing his door a bit over her drive.
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Originally Posted by oldschool1955
Our neighbours hedge overhangs our side by approx 6" which has never been a problem we just trim it and keep it tidy . Last week though whilst we were out he reached over our side and cut it right back as far as he could reach - i don,t mean a trim he cut all the foliage so now theres a section of about 2 feet of just bare privet branches . I know in time it will grow back but it looks a mess - my question is - is he allowed to reach over to our side and do that ?
If it is your neighbours hedge then I would have thought it was his to cut.
How about growing your own hedge?
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Originally Posted by Hamble
If it is your neighbours hedge then I would have thought it was his to cut.
How about growing your own hedge?
I,m sayin nowt !!!!
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Originally Posted by oldschool1955
Our neighbours hedge overhangs our side by approx 6" which has never been a problem we just trim it and keep it tidy . Last week though whilst we were out he reached over our side and cut it right back as far as he could reach - i don,t mean a trim he cut all the foliage so now theres a section of about 2 feet of just bare privet branches . I know in time it will grow back but it looks a mess - my question is - is he allowed to reach over to our side and do that ?
If a tree’s branches overhang into your property from a neighbour’s, you can trim them, but only up to the property line. You can’t lean into the neighbour’s garden to do this, though, as it constitutes trespass.
http://www.kitchengarden.co.uk/-Eight-Ways-You-Could-Be-Breaking-the-Law-in-Your-Own-Garden-a072I6B
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Originally Posted by said
If a tree’s branches overhang into your property from a neighbour’s, you can trim them, but only up to the property line. You can’t lean into the neighbour’s garden to do this, though, as it constitutes trespass.
http://www.kitchengarden.co.uk/-Eight-Ways-You-Could-Be-Breaking-the-Law-in-Your-Own-Garden-a072I6B
Ahh but....if I just pulled the growth over to my side lopped it off and let go I have achieved the job without trespassing next door.
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Its not about can he do it, he's done it.
Finding out your legal position involves an assessment of title deeds and a surveyor.
On the grand scale of things I would make your own arrangements for your side on your land.
I have had neighbours wanting to argue the toss over 6" of land that they couldn't even see from their house on 1 acre plots its tiresome expensive and stressful.
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