conflict over the fence with housing managment company

werdas

I will get that net, I did not see whole of the picture, thanks everyone, 

Slithery

Maskface said:

You are entitled to cut what is growing on your side and return it to your neighbour,

Not strictly true. You can cut anything back overhanging your side of the boundary and legally you then have to offer the cuttings back to your neighbour. They can refuse this offer in which case you have to dispose of them yourself.

Section62

Bendy_House said:

a) This hedge - where the guy has allowed it to keep growing - is below 2m height? Is it? Are you sure?

If it isn't, then https://www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries

No.  But that is what the neighbour says in their letter.

Even if the hedge is over 2m the council is not compelled to act.  They will take into consideration other factors.

One of which is whether the hedge is evergreen or semi-evergreen.  Are you sure the hedge is (semi/) evergreen?  Otherwise it will cost the OP £300 to find out.  Which is £188 more than the cost of the net which even the OP now accepts is the right solution.

Bendy_House said:

b) From what I understand from the OP's comments, this neighbour - the car owner - has been dictating which hedges should be cut, and has decided that one should be allowed to grow in order to protect his car. I do not understand what rights or control this neighb has over such decisions, but I understand his wife is a director of the management company?

"Dictating", or verbally conveying to the OP the decision made by the management company?

His wife being a director/employee of the management company doesn't automatically mean there is a conflict of interest.  If the OP's house was owned and/or managed by the same company then there could be a possibility of conflict of interest, but since the management company have said they can't work on the OP's side of the hedge (for insurance reasons) it seems very unlikely such a conflict could possibly occur.

Bendy_House said:

And (c) - this well-advised-and-understanding-of-the-law neighbour threatened to puncture the OP's children's basketball?

Are you sure?

Perhaps the well-advised-and-understanding-of-the-law neighbour made the alleged threat in well-advised terms that stoped well short of anything unlawful?

Gycraig

Not being funny I had a “classic” lotus as you would call it and if kids kept accidentally throwing balls against it in my designated parking space I’d keep the ball and tell them to send there dad round to collect it. 

Sorry but a classic Silvia or skyline could easily be a 30k plus car, cheapest Silvia is 15k and I wouldn’t fancy trying to get parts for a car that old. 

You are literally in a dispute because your kids have now 4 times thrown a basketball at someone’s classic pride and joy 

Pay for the nets or move your kids. I’m amazed he hasn’t popped the balls 

Go round apologise for what has happened and politely ask him if he will lower his hedge if you buy the ball catcher thing. 

Bendy_House

Section62 said:

Bendy_House said:

a) This hedge - where the guy has allowed it to keep growing - is below 2m height? Is it? Are you sure?

If it isn't, then https://www.gov.uk/how-to-resolve-neighbour-disputes/high-hedges-trees-and-boundaries

No.  But that is what the neighbour says in their letter.

Even if the hedge is over 2m the council is not compelled to act.  They will take into consideration other factors.

One of which is whether the hedge is evergreen or semi-evergreen.  Are you sure the hedge is (semi/) evergreen?  Otherwise it will cost the OP £300 to find out.  Which is £188 more than the cost of the net which even the OP now accepts is the right solution.

Bendy_House said:

b) From what I understand from the OP's comments, this neighbour - the car owner - has been dictating which hedges should be cut, and has decided that one should be allowed to grow in order to protect his car. I do not understand what rights or control this neighb has over such decisions, but I understand his wife is a director of the management company?

"Dictating", or verbally conveying to the OP the decision made by the management company?

His wife being a director/employee of the management company doesn't automatically mean there is a conflict of interest.  If the OP's house was owned and/or managed by the same company then there could be a possibility of conflict of interest, but since the management company have said they can't work on the OP's side of the hedge (for insurance reasons) it seems very unlikely such a conflict could possibly occur.

Bendy_House said:

And (c) - this well-advised-and-understanding-of-the-law neighbour threatened to puncture the OP's children's basketball?

Are you sure?

Perhaps the well-advised-and-understanding-of-the-law neighbour made the alleged threat in well-advised terms that stoped well short of anything unlawful?

Yes, it must all have been like that.

Section62

Bendy_House said:

Section62 said:

Yes, it must all have been like that.

Ok, great.

The important thing is the OP has got some good advice in this thread and has made a decision to adopt a sensible aproach to seeking resolution, rather than conflict.  Hopefully it works out for all concerned.

Bendy_House

Section62 said:

Bendy_House said:

Section62 said:

Yes, it must all have been like that.

Ok, great.

The important thing is the OP has got some good advice in this thread and has made a decision to adopt a sensible aproach to seeking resolution, rather than conflict.  Hopefully it works out for all concerned.

Absolutely. And so I assume you did read my whole post.

eidand

Basically what you should do is to behave in a considerate manner. Your neighbor is not doing anything wrong. Of course they don't like the balls from you landing on their car, who does ?

You're the one who created the problem, you should apologize and do whatever you need to do to make sure it doesn't happen again.

Your tone needs work as well, you sound very entitled and that's never a good thing. You're disturbing your neighbor. Think about that.

werdas

hi, I have emailed management company and propose a mutually acceptable solution:

I will arrange ball stop net, could I expect the hedge will be trimmed and maintained at 2m height?
Their reposnse that they will speak to director of the management company and will get back to me, 

Please do not get confused my neighbor is not a director, not sur ehwt her position is at that company

also looks like they not consulting neighbour ...

werdas

here is their final respond:

‘Taking into account all evidence based on government guidance we have no reason to believe we are required to reduce the hedge height. Evidence considered includes a check of where the shadows fall in the morning when daylight is at the front of both properties (all shadows from the hedge fall into xxxxx car park), the hedge is not evergreen and there is no visible evidence to suggest that it blocks any light to the single small ground floor window by the front door nor the small garage window of xxxx. The small window into the house in fact appears to be mainly in shadow due to the wall from the side of the garage (as this part of the property extends further to the front of the house than said window). Given this and the protection the hedge gives all residents cars from ball games played by various children and adults in xxxx, plus the privacy it gives to the bedrooms of ground floor residents, and the environmental impact of reducing the hedge size (we have a lot of birds which use the hedge to nest and bats which feed on the insects it attracts), as well as the unnecessary additional cost to residents of undertaking work not required by law, we do not intend to reduce the hedge height.

The only recourse for the complainant is to therefore lodge a complaint with the local council if they feel there is a genuine issue. Should the council find that the hedge does in fact need to be reduced in height we would of course comply upon receipt of detailed requirements from the council.’

 

Therefore, xxxx Management will not respond to any further complaints on this matter until such time as any official correspondence from the council is received as it is felt that the matter has been fully considered and responded to.

 

Please note that under UK law, a neighbour is not allowed to cut the top of a neighbours hedge, nor the side of the hedge which does not adjoin their property. It is only permitted to trim branches/leaves etc which overhang their property boundary line. Anything in excess of that (including cutting past the boundary line into the hedge) there is the right to take the person to court for damage to property. Therefore please ensure that you do not arrange any work to be carried out to the hedge.

https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council