Next door cutting down my hedge......

Sensible_Jess

My next door neighbour (not joined) has had gardeners round to look at transforming the garden prior to letting the house out.
I had to ask the gardeners to move their van as they blocked my driveway (parked over my dropped curb), making it nearly impossible to get my car into my drive. The gardeners had spent a lot of time looking at the rear garden and I made conversation regarding their plans for the work.

They said they wanted to take down my hedge at the rear by 'a foot or so'. Their aim is to let more light into the garden. The hedge is a border hedge between the two houses at the rear but it is completely on my side (ie not a boundary hedge) and due to neglect probably overhangs their garden. I said nothing to them as I wanted them to move their van and to be sure where I stand.

I am fine with them cutting back the overhang on their side and have no problem with that (the house has been unoccupied for about 12 months so I have had no chance to cut it) However, I do not want them to cut the top as a) I am happy with the height b) it is my hedge and on my side of the garden and c) I work full time and would not be here when they cut it to control how much they cut off.

My question is this:
Where do I stand with refusing permission for them to cut the hedge?
If they go ahead and cut it without my permission (I fear much more than 'a foot'), what can I do?


thanks in advance

warehouse

How high is the hedge? Is it lleyandi? Does it block sunlight?

Hump

It'll grow back

WestonDave

If its over a certain height then they can apply to the council for them to force you to cut it back, but if they cut it back without permission then its potentially criminal damage.

In practical terms many hedges would simply grow back in time but certain fir type hedges which are really trees, take a very long time to cover over the top if you lop them back too heavily. Due to a misunderstanding neighbours in our previous house took a foot off the top of a leylandii hedge (it was only 6ft tall so not excessive) and it never recovered to the day we had it ripped out. Because that was the long term intention we didn't make a big deal of it but it did look awful from upstairs in the house.

If you don't want it cut down, get some of those green plastic coated metal "canes" at the right height and embed them in the hedge - that way if they try to cut along the top they'll get a surprise!

savingmummy

Instead of speaking to the gardeners i`d pop round and speak with the neighbour.

I wish someone would help with my hedge :rotfl:

glasgowdan

It sounds like you are a right old moan! Was their van such a problem?

Just be kind to fellow humans, live and let live, life is seriously too short.

G_M

Start with a softly softly approach by speaking to the owner. Be friendly "yes of course you can cut the hedge where it overhangs your garden" but firm "I like the height as it is.

Whether you reach agreementor not, follow up with a letter, either confirming what you agreed, or if you did not reach agreement, then making clear the hedge is yours and any 'damage' to it would be a) trespass and b) criminal damage.

If they cut it without your permission, you could claim the cost of re-instatement ie buy new plants sufficciently mature to be of the right height - a plants that high are expensive!

If its over a certain height then they can apply to the council for them to force you to cut it back,

not sure if this is true, but even if it is, the council will not automatically force this - you could object and as it's your hedge, not shared, you'd have a strong case.

Sensible_Jess

Thank for the replies

How high is the hedge? Is it lleyandi? Does it block sunlight?

It about 6-7 feet high and is a (slow growing) copper beech. It starts 10 feet away from the back of both of the houses. Our gardens are north west facing and so don't get much light in the evening (when the gardeners were round)

It'll grow back

So will hair....:p
I'm cautious about setting a precedent for the would be tenants along the lines of 'next door will be fine if you cut the top off their hedge when you feel like it'. Yes it will grow back but I'd rather they didn't cut it at all in the first place.

Instead of speaking to the gardeners i`d pop round and speak with the neighbour.

Not possible - she's in a care home and will not be coming back to the house (hence the 12 months when I've not been able to cut it)

It sounds like you are a right old moan! Was their van such a problem?

I could not get my car onto onto my drive as their van was blocking it over the dropped kerb, so yes it was a problem.

motherofstudents

It's not moaning to ask a van to be moved when it is over your driveway. You can be pleasant about it. I don't blame you at all for not wanting the hedge chopping when it belongs to you, could you not ask the gardeners to trim it for you to exactly where you want it. You'd have to pay but they might get the message that it is yours and you would be able to control how much they cut off.

The_Economist

Take alook here might be of some use.
http://www.gardenlaw.co.uk/phpBB2/index.php

Hominu

I know my neighbour decided to cut my hedge without permission. He decided it was too high and that was that, didn't want to speak with me. I complained to the council and they didn't care, and eventually had to sue through the small claim courts. They ordered that he paid for a new hedge to be installed and compensation, which he refused to pay. I believe he's now been given community service, refuses to speak to me, and commands his dog to s*** on my lawn! (or so it seems). He then called the police when I got fedup with this behaviour and personally took a dump on his lawn. Apparently I was trespassing, but thats impossible for dogs as they don't understand.

Its been going on for so long now that the hedge is actually growing back and his house is now up for sale.