Garden hedge issue

worried123

35har1old said:

Simonon77 said:

Would it not have been easier just to cut all the way across the top so it was the same height all across? It's a bit petty to only cut your side, and would probably save you a lot of hassle from her

He has no entitlement to cut beyond his boundary as she has no right to do the same if she kept her side trimed to her boundary the top would be maintained level

35har1old said:

Simonon77 said:

Would it not have been easier just to cut all the way across the top so it was the same height all across? It's a bit petty to only cut your side, and would probably save you a lot of hassle from her

He has no entitlement to cut beyond his boundary as she has no right to do the same if she kept her side trimed to her boundary the top would be maintained level

Thank you!  Exactly. ( So surely her throwing massive branches she has hacked her side into my garden amounts to asb and i have a right to throw them back).

FreeBear

worried123 said: If legally i am entitled to throw them back into her garden for her to dispose of I will.  I needed to know my rights.

No, because you would then be guilty of fly tipping. Two wrongs do not make a right.

The correct course of action would be to inform your neighbour that you do not want the prunings back, and they are free to dispose of them. Point out that lobbing them over the fence is fly tipping and could result in a prosecution if it were reported.

Section62

worried123 said:

The problem here is that my neighbour was going to be charged with harrassment of 6 years standing and continual ASB - there is a far bigger picture here.  She has neglected her side of that hedge and I dont see why I should have to dispose of outrageously massive overgrown branches.  Indeed, cut branches are not the only thing that has found its way into my garden this week. 

If legally i am entitled to throw them back into her garden for her to dispose of I will.  I needed to know my rights.

You can't just throw them back into her garden.

The correct thing, probably, is to contact the Housing Association (as your landlord) and tell them that their tenant next door has flytipped their garden waste (and other stuff) in your garden and would they kindly arrange to do something about it. (e.g. clear the rubbish and deal with the harrassment issue)

Do you already have a contact at the HA (or council) dealing with these issues?

ThisIsWeird

worried123 said:

The problem here is that my neighbour was going to be charged with harrassment of 6 years standing and continual ASB - there is a far bigger picture here.  She has neglected her side of that hedge and I dont see why I should have to dispose of outrageously massive overgrown branches.  Indeed, cut branches are not the only thing that has found its way into my garden this week. 
If legally i am entitled to throw them back into her garden for her to dispose of I will.  I needed to know my rights.

thank you

From what you say, there are much more serious issues going on, which I presume are being dealt with? IE, the police and/or your LA have been informed and are monitoring the situation? If so, keep that going with a continuing record  and log of evidence. Have you, for example, set up a CCTV camera aimed down your side of the hedge to catch any such activity?

Meanwhile, please take a step back and try and position your behaviour as far away from your neighb's as possible. You be completely and utterly polite and reasonable, and let them be the !!!!!! of branches.

You've allowed this hedge to grow to 7'? That ain't exactly 'high', and there should be no issue about this especially if you can justify it in terms of privacy - we all have a reasonable right to the quiet and private enjoyment of our gardens. So, may I ask why it's 7' and not 6'? Good! You have a valid reason, so I'd suggest there is very little chance of the council or anyone else trying to enforce its lowering.

That brings us to who maintains the hedge. It's all very well for some folk to describe the great relationships they have with neighb's, and how they also offer to maintain the other side, but every circumstance is different (and mine is no exception). The 'rules' are, I understand, that each looks after their own. And that you 'offer' to hand back clippings to the hedge's owner. 

Your neighb throws their bits back at you - that's bad - and if you reciprocate, you'll be doing equally bad. So I'd suggest not doing this.

You have a recording of their bits being chucked on to yours? Good. Report them to whichever authority is currently dealing with your other issues. 

Tbh, I can't see it matters much whether they throw clippings every three months, or whole branches once per year - they are doing wrong. Don't match them. Just log it, report it if necessary (if justified on its own, say a branch large enough to cause injury comes flying over unannounced), and then either keep it in a pile as evidence or dispose of it (the kind forum users who clip their neighb's hedges also dispose of the bits, so you're only doing half )

worried123

Many thanks for sound and understanding advice.  Much appreciated.

sevenhills

Section62 said:

You can't just throw them back into her garden.

The correct thing, probably, is to contact the Housing Association (as your landlord) and tell them that their tenant next door has flytipped their garden waste (and other stuff) in your garden and would they kindly arrange to do something about it. (e.g. clear the rubbish and deal with the harrassment issue)

Wouldnt that just bring more aggravation, better to stop feeding the troll?

onomatopoeia99

worried123 said:

Can i possibly ask as I cannot find the right answer googling.  So the neighbour has decided to hack huge massive branches that have grown her side (my side is perfectly maintained - gardener 3 times a year does it) and has thrown them over into my garden.  Is this right??  I dont know whether to throw them back as I dont see why i should dispose of outrageously massive branches she has allowed to grow out of control...thank you.

(was a bit cautious posting this as a message i saw said only post about money saving issues but i thought that as i had strated the thread would just pop back to it),

Can you explain why you are effectively forcing your neighbour to maintain a hedge that they cannot remove or in any way mitigate the amount of work required?  Why not remove it, and if you want a hedge replant 6' inside your boundary so you can maintain both sides?

I speak as someone with an 100' long x 11' high hedge bordering my property that is not mine but massively intrudes into my garden, and was wondering if I could poison the overgrowing bits to kill it completely.  One year I filled my Transit four times with cuttings (the council don't like me taking that to the tip either), nowadays my MS is bad enough that I can't maintain it, but if I hack huge branches off I'll provoke the wrath of forum posters apparently.

Section62

onomatopoeia99 said:

....but if I hack huge branches off I'll provoke the wrath of forum posters apparently.

Only if you throw them into the neighbour's garden.

Or kill the hedge with some kind of poison.

Either would be unlawful and not very neighbourly.