New fence - wants me to pay for his bush removal

teddysmum

Surely you can build a brick wall or fence of your choosing , on your own side of the boundary, provided that it doesn't exceed the allowed height. (I believe that's 2metres) .

ey143

Yes I probably could but that would mean:
a) loss of strip of land - yes I know, its only inches
b) he's moaning that his leylandii hedging (about 7m or the height of my eves/start of lower roof line) would get damaged because of the foundation which the roots are probably travelling to

Norman_Castle

^Would the roots get damaged?.

Gloomendoom

Until you can come to some compromise, just put up a low wire fence.

ey143

http://s1093.photobucket.com/user/ey143/media/photo_zps6a408801.png.html#/user/ey143/media/photo_zps6a408801.png.html?&_suid=139300078471002064578579705652

Ok here is the link to a pic of my rear garden.

Basically by house is the one on the left, the upper right bush is his leylandii hedging which is from the ground upto my roof / balcony height and the bush ball in the middle is the one that has been removed as you can see it crosses over a good 1-2m past the boundary fence (which is hard to see but to give you an idea is probably 1m to left of the leylandii hedging).

anotherbaldrick

ey143 wrote: »

Yes I probably could but that would mean:
a) loss of strip of land - yes I know, its only inches
b) he's moaning that his leylandii hedging (about 7m or the height of my eves/start of lower roof line) would get damaged because of the foundation which the roots are probably travelling to

He sounds like a pain in the fundemold, tell him you are putting a line of Leylandii along your boundary which in double quick time will bury him ! Hopefully his property is to the north of yours

Doozergirl

ey143 wrote: »

Yes I probably could but that would mean:
a) loss of strip of land - yes I know, its only inches
b) he's moaning that his leylandii hedging (about 7m or the height of my eves/start of lower roof line) would get damaged because of the foundation which the roots are probably travelling to

A) any part of the boundary marker that isn't forming the bouncary should be on your side of the land
It probably wouldn't, but he still doesn't have any right to dictate what goes there. If you want to run a brick wall or a piece of string down the boundary, you can.

You are also entitled to chop anything that encroaches onto your side right up to the boundary and chuck it back over onto his. Of course you don't have to use his labourer to do it but it's normal for you to either do it or pay for it to be done.

I like the little balcony across the back of your house, it's very characterful.

cayennepepper

Can you sort out the boundary AFTER the extension? If you really want a wall you should go for it. It is on your land and your neighbour cannot dictate what you can or can't do on your land. If he wants a fence, he can put one on his side. As for the tree roots, he should have thought of that when he planted the trees so close to the boundary.

teddysmum

Rather than your wall on your property damaging the roots of bushes which ate too high anyway, it could be claimed that the roots trespass on your property and could damage the foundations of your wall.

ey143

He's going to get very arsey with me as he sent me a text msg about not wanting to wait til my renovation work is over in autumn.

Wife really wants a brick wall too - thinks it will stand the rest of time compared to redoing a fence again in 5+ years.

Given all the comments here I'm tempted to erect something cheap to cover the gap and maybe proceed with a wall a few inches into my land away from the border as part of building works and leave the run down fence. Let's see. I'll update this post at the end of the year for everyone's amusement/ curiosity.

Not sure if roots can trespass but I think I read on another forum gardenlaw.co.uk or something that its regarded as a nuisance. We might need to get piling done for our single storey extension which will massively increase the foundation costs of the extension because of his trees.