Issue with front garden ( joint freehold)

Gillhams99

I share the freehold of a house that has been converted into two flats ( upper and ground floor). I own the upper flat which overlooks the small front garden. It had a tall privet hedge which had become very leggy and only grew at the top (6’) so I gave it a really hard prune so that it would regrow from the bottom and be thicker and so provide better screening.

I know that I should have discussed this with my joint freeholder in advance ( we jointly own the front garden) but she has been very difficult since she moved in. We have had a number of running disputes over the fire escape from our flat which she tried her best to get removed, but it is specified in our lease. We also have a emergency right of way over her back garden ( which we have never used) and I recently found out that she had put a lock on the garden door to the street, and refused to give me a key until I pointed out that obstructing a fire exit is a criminal offence. She moved out a year ago and is renting the flat, having fly tipped a load of rubbish in the front garden that I had to get rid of myself. 

Anyway, she complained about me cutting the hedge although I pointed out that it would regrow quickly and that if it failed to regrow, I would replant at my own cost. She has now sent me a solicitor’s letter with two quotes each in excess of £5000 which is ridiculous as the frontage is about 6’ wide, and threatening to take me to the small claims court if I don’t pay. I’m inclined to let her do it as this is so unreasonable, but I’d be interested in comments on the legal position, as I haven’t destroyed the hedge - it’s still there and growing back - and had already offered to replant myself if necessary. 

Slithery

Ignore her.

greatcrested

2 quotes for what?To replace the hedge?

Ignore.

Or a short simple letter back saying you do not agree to replacement of the hedge.

Gillhams99

Can anyone give me a legal perspective? I'm inclined to think that if she did try to take it to the small claims court, they would look unfavourably on the fact that she has ignored the fact that I made a reasonable offer to repair at my own cost straightaway, that she refused to discuss or engage, is rushing to legal action and making unreasonable demands, having asked me to agree within 14 days. It would also be impossible for me or anyone else to do anything at the moment given the lockdown restriction since this clearly isn't essential work. 

Comms69

Who owns the hedge? IE who planted it? Was it the original developer? If so, this falls under communal area, and she does not have ownership, and cannot claim damages.

princeofpounds

Ignore her. Or simply write a reply that says something like - I note your earlier correspondence. I maintained the common area in a reasonable fashion. Your conduct is not helpful for sensible management of the common areas of the freehold. Goodbye.

Legally? You both own a share of the freehold- through a company or another structure? One of the jobs of the freeholder is to maintain the common areas. You did that, and I presume in a reasonable fashion. You have nothing to be concerned about.

The fact that it is written by a solicitor means little. They represent their client and will often write a 'shake-down' type of letter to try to get a result without using the legal process. They don't need a good case to do so.

Gillhams99

Comms69 said:

Who owns the hedge? IE who planted it? Was it the original developer? If so, this falls under communal area, and she does not have ownership, and cannot claim damages.

It wqs there when we both bought our properties - i bought first then she bought about 18 months later. we have a joint freehold and jointly own the front garden.

Gillhams99

princeofpounds said:

Ignore her. Or simply write a reply that says something like - I note your earlier correspondence. I maintained the common area in a reasonable fashion. Your conduct is not helpful for sensible management of the common areas of the freehold. Goodbye.

Legally? You both own a share of the freehold- through a company or another structure? One of the jobs of the freeholder is to maintain the common areas. You did that, and I presume in a reasonable fashion. You have nothing to be concerned about.

The fact that it is written by a solicitor means little. They represent their client and will often write a 'shake-down' type of letter to try to get a result without using the legal process. They don't need a good case to do so.

We have a shared freehold and lease. The hedge isn't mentioned probably because it didn't exist when the lease was written.
She is arguing that her tenants now have less privacy. This is true since the hedge has been pruned very hard and their windows facing the street now have no cover, although the when the hedge grows back the screening will be fuller. However they already had shutter blinds which they keep fully closed at all times. The living areas of the flat face the back and therefore it's only a bedroom that is affected.  She is further arguing that this may affect her rental income. I fail to see why that should be true and in any event, it is not my responsibility since I have no relationship with or duty of care to her tenants, although I am on good terms with them.

Comms69

Gillhams99 said:

Comms69 said:

Who owns the hedge? IE who planted it? Was it the original developer? If so, this falls under communal area, and she does not have ownership, and cannot claim damages.

It wqs there when we both bought our properties - i bought first then she bought about 18 months later. we have a joint freehold and jointly own the front garden.

Then I cant see what claim of ownership she has. If this was planted by the developer and is part of the communal area, it is jointly owned.

arciere

I've had, and still have, a similar experience to yours, although slightly different.
I live in a converted flat, share of freehold, with the front garden property of the freeholder (so first floor flat and ground floor flat).
The guys downstairs decided to cut whatever they thought it was a nuisance to them and didn't even bother replacing it with something else. Reading your experience, I would have loved to have you as neighbour! I can't imagine what your neighbour would have done if she had been in my situation.
I'm not an expert, legally speaking, but I reckon that there is nothing wrong in what you have done. In any case, I really really doubt that anyone would even think about taking the legal route over something so trivial.

Comms69

Mickey666 said:

If the hedge is jointly owned, can one of the joint owners do whatever they like to it without the agreement of the other joint owner?

Broadly yes, joint ownership confers full rights to each person.