Issue with front garden ( joint freehold)

Comms69

Mickey666 said:

That would seem to be the answer then.  The OP can ignore the other owner's protests.

Agreed, and in fact may wish to check the lease about the subletting going on downstairs

Gillhams99

arciere said:

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.

Thank you! I've always tried to be a good neighbour and be reasonable and constructive, but she's very aggressive, selfish and manipulative. 

lincroft1710

The oft quoted suggested response to the solicitor's letter would be :

I would refer you to the reply given in Arkell v Pressdram

greatcrested

Comms69 said:

Mickey666 said:

That would seem to be the answer then.  The OP can ignore the other owner's protests.

Agreed, and in fact may wish to check the lease about the subletting going on downstairs

Might be useful as a retaliatory threat assuming the lease prohibits it or requires consent.

AlexMac

Gillhams; a court would dismiss her claim for damages as pointless; let alone the fudged issue of who is responsible for maintenance of the common areas including the hedge,,  They would laugh out of court her assertion that your maintaining the gardens cost her money...  So while several posters, above have quite reasonably said, ignore her...

... the bigger issue is, if your co-freeholder is so tricky, what will happen if there ever should be a real shared problem; for example, a gutter needing repaired, roofing works, rising damp or an insurance claim impacting on both properties (out of interest, assuming this is a conventional "shared freehold" how is the freehold structured?( Company Limited by Guarantee- the usual protection, or something flakier?  And who organises buildings insurance,,, or any sinking fund...or  communal maintenance... ?

If you intend to own long term, you'll have to work out some kind of relationship.  Maybe even do a bit of hypocritically constructive creeping?  Or at least, an emollient letter, saying what the posters said above, about you taking reasonable steps to maintain the (neglected?) common areas, but regretting (not apologising for) her feelings that you'd cut the hedge (or whatever) in a way that offended her ... 
You can say stuff in a way that makes the recipient feel better, even though an external observer would think you're hinting that she's barking...

Soo, come up with a tactical lng term plan... don't emaulate her knee-jerk hostility...

Gillhams99

I agree, I've tried all that in the past. I've been friendly, conciliatory, constructive, appealed to her common sense and nothing works. We have a tiny terrace with a spiral staircase (mentioned in the lease) that is  used as a fire escape and has been there since before either of us bought our flats. She wanted to build an extension and wanted to get rid of it, which she couldn't. I agreed to her plans but insisted it needed to be resited and I didn't mind where she resited it. Her builder removed it during the works and she then threatened legal action to prevent it being resited. I had to point out that would be theft and she was deliberately breaking the agreements we had made, as well as the lease. She reluctantly had it reinstated. Since then, because I wouldn't let her have her own way in removing my property, she is consistently hostile, although I'm always pleasant in dealing with her.   At least I have a huge slew of email and text correspondence to demonstrate how unreasonable she is.   

Gillhams99

Gillhams99 said:

I agree, I've tried all that in the past. I've been friendly, conciliatory, constructive, appealed to her common sense and nothing works. We have a tiny terrace with a spiral staircase (mentioned in the lease) that is  used as a fire escape and has been there since before either of us bought our flats. She wanted to build an extension and wanted to get rid of it, which she couldn't. I agreed to her plans but insisted it needed to be resited and I didn't mind where she resited it. Her builder removed it during the works and she then threatened legal action to prevent it being resited. I had to point out that would be theft and she was deliberately breaking the agreements we had made, as well as the lease. She reluctantly had it reinstated. Since then, because I wouldn't let her have her own way in removing my property, she is consistently hostile, although I'm always pleasant in dealing with her.   At least I have a huge slew of email and text correspondence to demonstrate how unreasonable she is.   

Sorry I should have made it clear the terrace and staircase belong to me.

TripleH

If you had removed the hedge, her complaint may have possibly had some merit. That you carried out maintenance will negate that. It might be her tenants complained to her and she has misinterpreted tthe situation. At the end of the day, solicitors will write (nearly) whatever letter you instruct them to for a fee. 

Comms69

TripleH said:

If you had removed the hedge, her complaint may have possibly had some merit. That you carried out maintenance will negate that. It might be her tenants complained to her and she has misinterpreted tthe situation. At the end of the day, solicitors will write (nearly) whatever letter you instruct them to for a fee. 

ye the usual evidence of this is "my client claims" in front of every statement.

[Deleted User]

Gillhams99 said:

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. 

You have tended to the hedge by pruning it. Next she will be complaining when you cut the grass.
I would point out to her that by raising disputes, this will need to be disclosed if she ever tries to sell her property, and that is the biggest risk to devalue it and put off buyers.