huge horrible hedge problem

amcluesent

Hire a sound-system and get all your mates around for a rowdy party. Start the rap music at 9am and continue until 11pm, Boom-da-da-BOOM! Boom-da-da-BOOM! Boom-da-da-BOOM! That'll learn her!

paddy's_mum

What an upsetting situation for you to be in! If I may, can I ask a question or two?

You mention in your posts about the boundary, your side of it, her side of it. What is actually in or on the ground to indicate where the boundary is - old fence posts, remains of a garden wall, a length of rusty wire .. ? Do the deeds to your property and hers (download for about £5 each from the Land Registry) give any indication of where the boundary lies? Do you know who planted and until recently maintained the hedge? Can elderly neighbours or the previous owners offer any insight? Are there any pictures on sites such as local.live.com that may throw light on the issue? Your local library may have older aerial photographs.

When I read of your problems, I kept getting a funny feeling that it is not necessarily the hedge that she is upset about but perhaps feels that your new (?) fence is not in the correct position since she is talking about surveyors and that the hedge itself is hers. Is there any possible room for error on your part about where the true boundary lies?

Whilst I fully accept that she is being very demanding and not very pleasant, might she truly believe that the hedge is hers and be outraged that you have dared to touch 'one hair of it's head'?

Please don't think that I am being judgemental or unsympathetic. I have great sympathy as I know only too well how stressful a neighbour dispute can be. However, before recommending that you go in with all guns (or ghetto blaster!) blazing, it might well be prudent to try to pin down some facts so that you are in a strong position to refute her claims, and allow others to better advise you.

dander

Try not to panic too much. She has got a solicitor to try and put the frighteners on you by THREATENING legal action - she hasn't actually started legal action. So there's no need for you to worry about solicitors at this stage. The chances are she has no intention of taking legal action because it's expensive and usually fairly pointless in boundary matters - no-one ever wins.

When someone pays a solicitor to write a letter like this, it doesn't mean the solicitor has had any legal input in the letter at all. It just means she's paid someone to write a letter. Don't believe that just because it's on headed notepaper, she's got a legal case, or indeed has even taken any legal advice.

Is this boundary your boundary - the site plan which you would have been sent when you purchased the property would have who owns each boundary marked on it. If this is your boundary, all you are expected to do is maintain a dividing line. That line could be a 3ft picket fence if you want - privacy is irrelevant.

I think your best bet would be to write a polite letter back, via her solicitor. Don't get into a tit for tat answering of her points about the posts - it's pointless, there's no legal requirement for you to concrete posts in. Simply state that you have removed plants from your own property and replaced them with a good quality boundary fence of a size and construction that is standard for back gardens. State that you took you time to consult her and try to come to a mutually satisfactory solution and that you believe the solution to be completly reasonable.

Don't feel you have to even answer the point about the surveyor, she's just being silly. If she wanted to commence legal action, then it would be up to her to start building up a case - not you.

And then stop doing things to please her. Stay polite but rebuff her demands.

pickledtink

paddy's_mum wrote: »

What an upsetting situation for you to be in! If I may, can I ask a question or two?

You mention in your posts about the boundary, your side of it, her side of it. What is actually in or on the ground to indicate where the boundary is - old fence posts, remains of a garden wall, a length of rusty wire .. ? Do the deeds to your property and hers (download for about £5 each from the Land Registry) give any indication of where the boundary lies? Do you know who planted and until recently maintained the hedge? Can elderly neighbours or the previous owners offer any insight? Are there any pictures on sites such as local.live.com that may throw light on the issue? Your local library may have older aerial photographs.

When I read of your problems, I kept getting a funny feeling that it is not necessarily the hedge that she is upset about but perhaps feels that your new (?) fence is not in the correct position since she is talking about surveyors and that the hedge itself is hers. Is there any possible room for error on your part about where the true boundary lies?

Whilst I fully accept that she is being very demanding and not very pleasant, might she truly believe that the hedge is hers and be outraged that you have dared to touch 'one hair of it's head'?

Please don't think that I am being judgemental or unsympathetic. I have great sympathy as I know only too well how stressful a neighbour dispute can be. However, before recommending that you go in with all guns (or ghetto blaster!) blazing, it might well be prudent to try to pin down some facts so that you are in a strong position to refute her claims, and allow others to better advise you.

The boundary is really clearly marked. It runs from directly in the middle of where the two ( terraced) houses join in a straight line to the back. There is a small wall which runs for a short way directly in the middle with a sort of central line in it. Her garden is actually about a foot lower than mine too so there's a clearly visible edge. There's the remains of wire fencing along that edge and the hedge has been planted on my side of it.
The previous owner of my house states in the declaration that it was owned and maintained by her.
My neighbour's only claim to it was that she asked her previous flat owners if it was their hedge and they said yes. She admitted to me she had nothing in writing and when I invited her over to see that the hedge is clearly all rooted on my side she accepted it albeit reluctantly.
It IS very windy here and I honestly accept that a big fence like that is like a huge sail. and although I bought the panels to try and keep her happy I will take them down as I do think they could go in strong Gales.
I guess by the time I pay for removal and put up some chain link and willow I'll have wasted nearly £1000.00 on 9 metres of fencing. She also said that she is getting a dog and my removal of some hedging means it'll be all over my garden!
She's also been hammering nails or something into the fence posts to attach shrubs to both the new fencing and some older stuff. All my fencing is a clear 9 inches from the boundary line. I measured it yesterday.

pickledtink

dander wrote: »

Try not to panic too much. She has got a solicitor to try and put the frighteners on you by THREATENING legal action - she hasn't actually started legal action. So there's no need for you to worry about solicitors at this stage. The chances are she has no intention of taking legal action because it's expensive and usually fairly pointless in boundary matters - no-one ever wins.

When someone pays a solicitor to write a letter like this, it doesn't mean the solicitor has had any legal input in the letter at all. It just means she's paid someone to write a letter. Don't believe that just because it's on headed notepaper, she's got a legal case, or indeed has even taken any legal advice.

Is this boundary your boundary - the site plan which you would have been sent when you purchased the property would have who owns each boundary marked on it. If this is your boundary, all you are expected to do is maintain a dividing line. That line could be a 3ft picket fence if you want - privacy is irrelevant.

I think your best bet would be to write a polite letter back, via her solicitor. Don't get into a tit for tat answering of her points about the posts - it's pointless, there's no legal requirement for you to concrete posts in. Simply state that you have removed plants from your own property and replaced them with a good quality boundary fence of a size and construction that is standard for back gardens. State that you took you time to consult her and try to come to a mutually satisfactory solution and that you believe the solution to be completly reasonable.

Don't feel you have to even answer the point about the surveyor, she's just being silly. If she wanted to commence legal action, then it would be up to her to start building up a case - not you.

And then stop doing things to please her. Stay polite but rebuff her demands.

Thanks. That has really made me feel better and I'll definitely reply along the lines you have suggested. I do think the fence is unsuitable for this very windy spot and although I'm fed up at the waste of money accept it's my responsibility. As I said the panels are large and solid rather than my original intention which would have been fine as the wind could go through.
It was her forceful demanding of absolute privacy that made me use them to try and keep on good terms. As we are certainly never going to be bosom buddies I will put up what I want instead.
Frankly as the gardens are so narrow I really do not want to look at her every time I step outside.The atmosphere is unpleasant enough even with the big fence up.:(

pickledtink

amcluesent wrote: »

Hire a sound-system and get all your mates around for a rowdy party. Start the rap music at 9am and continue until 11pm, Boom-da-da-BOOM! Boom-da-da-BOOM! Boom-da-da-BOOM! That'll learn her!

LOL! The other neighbours are nice with kids so I don't want to upset them but it's almost a relief that I can now just ignore her and do what I want in my own garden!

paddy's_mum

Thanks for the further information - it makes the whole thing much more clear. dander has given you excellent advice, and indeed, he/she has said pretty much what I would have done!

If the boundary is that clearly marked, your neighbour doesn't have so much as a toe, let alone a leg, to stand on. This is all bullying and intimidation. In your courteous letter to the solicitor, you can politely state that since " ... " is your position, you now consider the matter closed, and will not be entering into any more correspondence unless your neighbour can come up with irrefutable proof to substantiate her position - which of course, she will have to pay out handsomely for. Keep all your receipts for fence materials and workman costs. If this lady is that beligerent and spiteful, you may need them one day.

For what it's worth, I believe that the height difference between the two gardens is the most persuasive possible argument since that doesn't happen naturally overnight and is highly visible proof that previous owners of both properties knew where the boundary lay and adhered to it. No surveyor on earth would dismiss that physical marker on the ground as irrelevent.

Nothing you can do now will please your neighbour so from now on, ignore, ignore, ignore. Don't look up if she calls to you, wear dark glasses if it will help you to avoid meeting her eye, peg out the washing with your back to her .. she will eventually get the message.

In your shoes, I might be sorely tempted to go the whole hog, pull out the fence, dig up the hedge and install a 6 foot chainlink fence. It's very hard to bang nails into concrete posts!

She is also utterly mistaken if she thinks that you are obliged to fence to keep her dog in, unless there is such a covenant in your original purchase paperwork, which is highly unusual and very rare. That burden of responsibility rests fair and square with her and it has been known for people to leave their gate open (and the dog to escape) to make that point clear. If it does come to pass, a quick call to the local Dog Warden will make sure that the correct word goes into her ear.

I have one word of warning. Do not make the mistake of erecting whatever fence you choose inside the boundary line. All you do then is create a situation where there is room for her to make a land grab or cause doubt in the mind of a judge if it ever came to legal action. Fence to the boundary and to hell with your bloodyminded neighbour.

I do understand how wearing and stressful a neighbour dispute can be (ours is over two years old and still not finished - don't ask, it's too long and spiteful a story!) and I do hope that this can soon all be put behind you. Do what is right for you and above all, enjoy your garden. Good luck.

ormus

wait till november the fifth and set fire to it at midnight.
problem solved.

pickledtink

Update and urgently need advice.
OMG!! This has escalated to such a degree now I'm really frantic.
I sent calm simple letter as suggested. decided to avoid all further stress and cut my losses and worries about the panels in these windy conditions. so we removed all the fencing, posts and started all over again. I had to pay someone £100.00 to do that because it was so solidly put together. Put in metal posts with chain link very carefully about 2 inches back from the boundary on my side. lashed heavy duty wire to sturdy posts sunk in concrete at each end above that and wired lightweight
willow screen all along to let the wind through and give us both some privacy although it's not solid. I then planted a nice mix of shrubbery , fruit trees, climbers along to make it pretty which also filled some space.
It worked fine. Huge Gale came and went. no problems.

Got another mad Solicitors letter claiming compensation for removing 'her' hedge, privacy and rose garden!! There never was any rose garden and we never touched anything of hers at any point. It was full of complete rubbish and rants about damage to her valuable items in her garden. It's full of hideous plastic crap animals and a monument to bad taste but we certainly never touched a thing. I'd prefer not to have to look at it though. The giant googly eyes fluorescent plastic snail was genuinely giving me nightmares. I was about to compose a response when about 7 am Sunday morning I realise there's some guy out there doing something right up against my new fence which is shuddering a bit.
When I went out my fence had been completely underdug with about a foot or more of earth dug out against the it and even right under my fence and into my garden at some points. wires had been cut and removed from the willow holding it on and the whole lot got hit by high winds and came down.
We've had to take all that down now and are putting in metre deep hefty post with concrete gravel boards. She was out !!!!!ing at the friend doing it claiming now not only the hedge but the joint boundary wall.
Now she has bought 8 Leylandii which she intends to plant right up against the boundary. She says they are not Leylandii but Cypressa and she'll keep them to 2 metres. She won't of course and the first one will be barely 4 ft from my house.
Having spent hours poring over Leylandii law etc it seems I can't actually stop her. It's going to be years of expensive legal fights and stress. My only hope is that as she has bought the GF leasehold flat only her freeholder may object.The top flat owner is the freeholder apparEntly but doesn't live there and only comes occasionally. So I've no way to find out who they are and contact them except by letter sent to that addres where it may sit for months.

I've where possible taken photographs and kept a log of events and asked people to come and look as this has gone on. she also has her satelite dish over the boundary line a few inches into my air space for example and has nailed a big shrub right into one of my fence posts but I honestly want peace not strife however must do anything I can to stop the Leylandii wrecking not only my garden but also later the building.
Can anybody suggest where I go with this now?

amcluesent

>at some points. wires had been cut<

Call the police, that's criminal damage.

Also sue for compensation for your losses as a result of the trespass. Planting a fast growing tree so close to your house violates there general duty of care as it increases the risk of subsidence. Sue for that. Sue for the distress caused.