Legal Boundary and an overgrown hedge

Mojisola

moneyistooshorttomention wrote: »

In your position then - personally I'd think "Right - since this hedge is 5 metres wide - then that means the nearest 2.5 metres to me is mine and the furthest 2.5 metres belongs to the Council". If I didnt like the hedge I'd trim back exactly "my" 2.5 metres and leave the Council's 2.5 metres alone.

And if you killed the hedge in the process, the Council could give you a bill for reinstating it.

You have the right to cut back your side but not to damage the hedge.

TheGardener

TheGardener wrote: »

... it may be a case of coming to a formal party wall agreement with the council ....

I should have included the word 'style' agreement - I know what an actual party wall agreement is...I think we all get the gist that I meant an 'agreement' about how the hedge should be managed between the two parties.

I fail to see why posters should suggest that the OP considers carrying out works that leave the public purse to pick up the cost of any disposal/rectification (so the same outcome as a fly tip then...) when the OP says the councils response to his/her enquiry was 'reasonable'?
If the OP puts a fence on their side - it wont stop the hedge from growing but will make it impossible to cut and in time will damage the fence and then the OP may suggest the public purse (the council) pays for the damage to the fence?! Perhaps a formal agreement with the council about whether to remove the hedge or not would be the reasonable mans first call - rather than vandalise the hedge at everyone else's expense.

paddedjohn

glasgowdan wrote: »

If I were you I'd cut the hedge back as hard as you like, right to the stumps. Make sure all the cuttings are deposited on the council's land. Then put up a cheap post and wire fence, not concreted in (unless you really NEED a solid fence for keeping in kids/animals). Put the fence as far over as you like too! If you think the hedge is the council's then keep it outside the fence of course. Live with it like that for a few years, see if you avoid the attention of the council, then put up a more solid fence if you really want.

Found this on 'Problem Neighbour' site and written by a barrister

Cutting back trees
You have a common law right to cut back tree branches that overhang onto your property. It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so.
The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back.
Equally any fruit on trees, even if they are growing on branches which overhang your property, still belongs to your neighbour. You are therefore stealing if you pick these for yourself without your neighbours' permission.

glasgowdan

I've seen and been involved in this situation dozens of times. Rather than sitting at home googling, I'm sharing experience. The council have neglected tue hedge, you'd be doing them a favour. And i doubt they'd have proof who did it even if they did want to cause trouble (which they won't).

[Deleted User]

The owners of the house have neglected the hedge on their side.

glasgowdan

Schaffy wrote: »

It is indeed though the councils boundary.

The council should be cutting the whole thing.

AdrianC

glasgowdan wrote: »

The council should be cutting the whole thing.

The council should be letting themselves into the OP's garden to cut that side of the boundary hedge back...?

Riiight.

And how many "The council came into my garden and butchered the hedge! My dog escaped! My daffodils were trampled! COMPENSATION!" threads do you think that would result in?

moneyistooshorttomention

I have a funny feeling re "proof" that the Council would have this decided legally in a court that would work on the "balance of probabilities" basis (I believe small claims courts work on that basis).

As for "It's the previous owners that neglected the hedge - so I must own more than half the width".....somehow I dont see that idea as being a "runner" either.

Probably the best bet overall is to go to the Council and say "Now about that offer of a fence you made to the previous owners. I'm assuming offer still stands". Then go on to specify the detail of how it is to be done properly, ie:
- right side towards you
- standard of fencing to be used (including posts - so that they dont use concrete ones)
- design of fencing
- when it is convenient for you to be there to supervise their workmen doing it
- etc

I wouldnt be that concerned as to whether the boundary might shift in the process - as this is a Council we are talking about and not a private householder (ie with a bit of potential extra garden to gain). The Council wouldnt be likely to want to try to "steal" land anyway - so that would only happen if their workmen were inefficient in that respect and accidentally put it in the wrong place. I cant see a Council deliberately putting a fence in the wrong place.

stator

doodle-bug wrote: »

You won't avoid the attention of the Council by stuffing a mountain of branches on their land! Annoying though it is, I understand the law states that you should 'offer' the risings back to the owner of the hedge - it's fair to say that you are wasting your time with this - the Council won't want them. Get rid yourself - I understand that this is irritating, but if you want to keep under the radar, probably the best route to take.

By placing the cuttings in a green garden waste bag for collection by the council you are indeed returning them to their rightful owner.

Davesnave

A 3m side extension looks unlikely, bearing in mind the need for foundations beyond the wall of any building you do and overhanging eaves/guttering. However, you might be content with less.

Certainly, a fence would be easier to cope with if building is planned, but if it's a park next door, a hedge will often offer better security than a 2m fence.

Up to now, this is just a 'hedge,' so it would be good to know exactly what kind, since all hedges aren't created equal. For example, leylandii won't grow back if someone cuts into old, brown wood. Go back half a metre on that and the result is an eyesore.

As MITSTM points out, there is no rush while nesting birds may be active. Councils are often a law unto themselves, but I'd say July is way too early for responsible cutting-back unless there's a danger to the public.