New fence - wants me to pay for his bush removal

Borage

A minimum fence that satisfies the law only has to be 2 bits of wire between 2 posts

ey143

Actually I just remembered something - there is also a covenant on the land from 1907(!) which states the owner has to maintain the fence every 6 months (I kid you not). Bet someone is turning in their grave! Neighbour doesn't seem to know that though.

tired_dad

No expert but a covenant cannot be enforced by a neighbour unless they were the ones to dictate it initially.

I would be most unhappy to have that awful leylandi growing so close to my house.

I would cut everything over my land and put it to his side for disposal.

Being neighbourly by all means pay for fencing but if your man cuts his hedge then he should pay for disposal.

Wouldn't it be awful if the guy who cuts the hedge accidentally cut the leylandi. Better make sure it's clear what will and will not be cut.

System

ey143 wrote: »

Actually I just remembered something - there is also a covenant on the land from 1907(!) which states the owner has to maintain the fence every 6 months (I kid you not). Bet someone is turning in their grave! Neighbour doesn't seem to know that though.

That sounds like an unenforceable positive covenant.

rach_k

I'd go with a wall. If it damages the roots, unless you have a particularly damp garden I'd consider it a good thing as they'll be taking water that could be used by your plants/lawn.

dld2s

Just something on the "cut whats on your side and dump it in his garden/get him to pay for it's disposal" i'm not 100% on this but I'm pretty sure I read that what you have to do is ask your neighbor if they wish there cuttings back, but that they can refuse them and it's up to you to dispose of them.

Norman_Castle

This might be useful.
http://www.boundary-problems.co.uk/boundary-problems/hedges.html
High hedges

High hedges have received a lot of attention in recent years. They may be dealt with under the Anti-social Behaviour Act 2003.
What constitutes a high hedge? Well, it is not a hedge that blocks the view from your house: sad to say but there is no right to a view under English law. If you want to preserve the view from your house then you must buy and own all of the land that you can see from your house in order to conserve your view.
A high hedge is a continuous barrier to light or access that rises to more than two metres above the ground and comprises a line of two or more evergreen or semi-evergreen trees or shrubs. A complaint about a high hedge on neighbouring land must be made to the local authority (usually the district council) by the owner of a domestic property who can show "that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person".
The local authority may issue a notice to require the high hedge to be reduced to a suitable height, but they cannot order a hedge to be reduced to below 2 metres in height, nor can they order the removal of a hedge.

ey143

Ok so it gets better and the saga continues.

Since my last posting, the following has happened:

- informed him that bushes were mine and will fit new fence as part of extension as its being included

- as a compromise I will put up willow shading. Total cost inc fitting, a few hundred pounds for 12m as a temporary measure. He agrees but asks me to see garden from his side of the fence. Went over and it became obvious that none of the bushes were his in the first place so no grounds for complaint. He asks me to put up shading on his side, I sheepishly agree to do so in April

- this sat gone I do a bonfire to burn the bushes and of course he comes around to complain and check I'm not going to do it tomorrow (he's used to previous vendor doing it all the time). Now, I completely understand, first nice day of the year etc and I respect that but I have a job to do and had no intention of spoiling an English Sunday. I then tell him we have decided to put the shading up on our side because I don't want complaints about damage to his Leylandii trees etc (previously moaned if we put a wall up it would damage it).

TODAY he send me a text msg saying he wants to replace 12m of fence, it seems at his cost because he thinks the fence posts are his because they sit on his boundary and he lost amenity.

This guy is truly something. Whilst I don't have an issue with someone spending £1200 on my fence, as I have just gone through a conveyance I know for certain it's my boundary. He also complained my previous vendor never did anything all this time to sort the fence out. I am also concerned he will push the boundary back a little because of the party wall issue I discussed at the beginning of this thread. AND he wants to do this whilst I am away for 2 weeks from Fri (he knows this).

I don't want him claiming ownership of the fence and especially as we want a wall to start after his Leylandii trees end. I don't want him putting cheap fencing panels up either.

I've tried to see both sides here (no pun intended) but I really cannot see how unreasonable he can be. I might tell him to build a fence on his side but I know he's not going to do that and once I want to put a wall up, his (my) new fence will partly need to come down. He was also was surprised I might move my summer house shed which also gives him additional privacy!

Any further comments here? I will stand my ground but trying to refrain from pressing the nuclear button.

Mark_Mark

ey143 wrote: »

Ok so it gets better and the saga continues.

Since my last posting, the following has happened:

- informed him that bushes were mine and will fit new fence as part of extension as its being included

- as a compromise I will put up willow shading. Total cost inc fitting, a few hundred pounds for 12m as a temporary measure. He agrees but asks me to see garden from his side of the fence. Went over and it became obvious that none of the bushes were his in the first place so no grounds for complaint. He asks me to put up shading on his side, I sheepishly agree to do so in April

- this sat gone I do a bonfire to burn the bushes and of course he comes around to complain and check I'm not going to do it tomorrow (he's used to previous vendor doing it all the time). Now, I completely understand, first nice day of the year etc and I respect that but I have a job to do and had no intention of spoiling an English Sunday. I then tell him we have decided to put the shading up on our side because I don't want complaints about damage to his Leylandii trees etc (previously moaned if we put a wall up it would damage it).

TODAY he send me a text msg saying he wants to replace 12m of fence, it seems at his cost because he thinks the fence posts are his because they sit on his boundary and he lost amenity.

This guy is truly something. Whilst I don't have an issue with someone spending £1200 on my fence, as I have just gone through a conveyance I know for certain it's my boundary. He also complained my previous vendor never did anything all this time to sort the fence out. I am also concerned he will push the boundary back a little because of the party wall issue I discussed at the beginning of this thread. AND he wants to do this whilst I am away for 2 weeks from Fri (he knows this).

I don't want him claiming ownership of the fence and especially as we want a wall to start after his Leylandii trees end. I don't want him putting cheap fencing panels up either.

I've tried to see both sides here (no pun intended) but I really cannot see how unreasonable he can be. I might tell him to build a fence on his side but I know he's not going to do that and once I want to put a wall up, his (my) new fence will partly need to come down. He was also was surprised I might move my summer house shed which also gives him additional privacy!

Any further comments here? I will stand my ground but trying to refrain from pressing the nuclear button.

He won't have to claim ownership as it will be his fence.

pimento

Get it in writing that he gives you permission to take out vegetation on his side of the fence, then have your fence guys take out his bushes and his leylandii. When he complains apologise profusely for their 'mistake'.