I'm devastated, any advice please ?

Leif

Lotus-eater wrote: »

Although obviously what the neighbour has done is wrong. A big 10 foot high hedge is not very far from a house when it is only 5 metres away. It doesn't matter if their lounge is at the front, something is at the back.

I wouldn't like to live like that, I can tell you.

I think the key point here is that according to the OP the neighbour did not even raise an issue about the hedge, he simply cut it down. I would not like a hedge that high if it shaded my garden, but I would not dream of cutting it down. I'd have a chat with my neighbour, explaining the reason it causes me problems, and I would hope that most people are reasonable, and would compromise at 2m. I have chopped down some Holly which was inches from the boundary fence, and a Sycamore, which was millimeters from the boundary and the neighbour was not displeased. Wait till she sees what I replace them with ... :rotfl:(Just kidding, dearest neighbour, if you are reading this.)

Davesnave wrote: »

As for taking the legal route, that could take years and a considerable outlay, which is great for lawyers, but not for most people's pockets, or their mental health. Anyone who thinks otherwise probably hasn't gone to law. It is, indeed, 'not nice.'

Yes and no. I've been involved in a boundary dispute after my mother died, and the neighbour tried (and succeeded) to move a fence in his favour. That sort of dispute is notorious for being hard to win, and lawyers love them. Such disputes should be avoided at all costs. But cutting down a hedge is pretty straight forward criminal damage is it not? And I think the PC now has a written admission from someone as to who did it. I suspect the OP could even go to the Small Claims Court with this one as it is in my naive view simple. Of course he should first get advice from someone with legal training i.e. not an online 'expert' (me) who in reality is guessing.

Tippytoes

Your neighbour has the right to trim overhanging branches. These must be offered back to you, but if you refuse them, your neighbour must dispose of them.

As for reducing the height of the hedge? Criminal damage. For you to decide how you wish to proceed.

Many people think there is a "legal" height for conifers and that anything over, the council will insist on height reduction. Wrong.

emiff6

I have a friend who had a 30ft high neglected lleylandeii hedge chain-sawed down to 5 ft. The hedge was given a thorough watering to get over the shock, and recovered to become a beautiful neat border to the garden, kept regularly trimmed.

Davesnave

Leif wrote: »

Yes and no. I've been involved in a boundary dispute after my mother died, and the neighbour tried (and succeeded) to move a fence in his favour. That sort of dispute is notorious for being hard to win, and lawyers love them. Such disputes should be avoided at all costs. But cutting down a hedge is pretty straight forward criminal damage is it not? And I think the PC now has a written admission from someone as to who did it. I suspect the OP could even go to the Small Claims Court with this one as it is in my naive view simple. Of course he should first get advice from someone with legal training i.e. not an online 'expert' (me) who in reality is guessing.

The first expert who'd need to be called is the tree surgeon, who would have to be certain that sufficient damage had been done to be sure the trees would not recover. Otherwise, someone would have to put a value on the loss, and we can all imagine what arguments could arise there. Oh, what opportunity for procrastination!

Also, winning a case is one thing and getting someone to pay up is another. With a boundary dispute it might be worth the hassle, but this?

emiff6 wrote: »

I have a friend who had a 30ft high neglected lleylandeii hedge chain-sawed down to 5 ft. The hedge was given a thorough watering to get over the shock, and recovered to become a beautiful neat border to the garden, kept regularly trimmed.

Yes, there's an element of doubt here, surely sufficient to stay the hand of anyone who's for grubbing the trees out, replanting and sending a bill around.

Davesnave

marleyboy wrote: »

Not being nice is not really a criminal offence, I am not sure by breaking the law, using such a defence as "well if i had gone the legal route it might have taken Years your honour.", is really going to help them with their case. Anyone who does think otherwise, or that it can be justified in ignoring the law, certainly has little if any experience with what is law.

I'm sure your sig must be right, but you have totally lost me here....!

Mojisola

juliebunny wrote: »

Anything over 2m and your neighbour can complain to the council to get them to force you to cut it back but it's cowardly and spiteful of them to just cut it back IF they have never previously raised a complaint to you.

The 2m rule applies to fences but not to hedges.

High Hedge legislation does exist but a complaint about a 10ft high hedge wouldn't even be considered.

System

just to make a random comment here, my buildings insurance has a clause about how close trees can be to the property before it affects the insurance.

However, nothing excuses the fact that the neighbour behaved badly whatever the reason.

meer53

http://s1174.photobucket.com/albums/r613/mkr22/

My hedge, hope this has worked ! I'm still devastated !

Sambucus_Nigra

a - have they dug a veg patch on the other side and need more light to get to it?
b - can they see kids jumping on the trampoline from the bedroom now that the hedge is lower? [Perv alert]...

amcluesent