huge horrible hedge problem

andrew-b

Yes this has now changed from a civil dispute to a case of criminal damage so get the police involved (not on 999!). I know you previously said you couldn't afford it, but you really need to get yourself some proper legal representation, i.e. solicitor, and take all correspondence with the neighbour through the solicitor in writing. As i said before, if you have legal cover with your buildings/contents insurance provider (or not sure if you do or not) then contact them.

Igol

I'll hazard a guess that response staff wont really be interested as its going nowhere. Ask to see your local bobby/CSO they'll be just as chuffed as response to be involved but at least they'll see it through to the end and should be aware of other options.

Jason_Jain

It is very rare that I post on these forums as the replies to many threads are highly detailed and helpful.

But I have felt the need to write and put my tuppence worth in. This is my first post.

The next-door neighbour's behaviour is maddening. You have spent more than enough time and money on building materials and labour in order to sort out the boundary hedge and fencing. The next course of action is to clearly document the boundary line of the properties and copy the legal paperwork over to the other party to define what is hers and yours. Of course, her solicitor has said that her rose garden and hedge have been removed. Ask them to substantiate their claims. Keep photographic evidence of all work that is being done by yourself and her. Make sure the photographs are date-stamped through the camera settings if they are digital. APS film cameras will stamp the photograph on the negative.

It is so important now, I feel, to get your legalities sorted. Your fence has been cut and one post has a nail in it that has no permission to be there. The addition of trees within the property area will affect house insurance quotes too. :mad:

Please seek advice through your house insurance legal team. That is what you pay for.

Keep us posted with updates. Wish you all the best. :cool:

paddy's_mum

Okay - take a deep breath! You're not all alone with this.

First off, as far as I am aware, there is no law covering privacy in a garden so they're on a hiding to nothing on that one.

Secondly, if she continues with claims that you have wrecked her rose garden, at some point she is going to have to prove that it existed. If there isn't one, that too goes out the window, since judges aren't stupid and will not accept that one blighted hybrid tea and a manky old climber comprises a rose garden. Equally, a judge would not accept that a faded, tatty old garden gnome or two is "valuable items".

Thirdly, if she is stupid enough to challenge the ownership of the hedge, she is going to have to pay out a lot of money to provide a great deal of evidence. In the light of what you had to say (and I am assuming that you have been totally truthful) about the height difference between the gardens, the old wire fence and the wall, and the evidence given by the previous owner of your property, again her contention is going to be very hard for her to prove.

It's a pity that she didn't put her demand that you pay to remove the hedge roots from her land in writing since that request seriously undermines her position if she is now claiming ownership of the hedge.

As others in this thread have already done, I would seriously urge you to check your household insurance to see if you have legal cover. If you have, contact them immediately or you may find that you have left it too long and they won't help as you will be viewed as "out of time".

Now - what to do about the second solicitor's letter? It seems to me that you have two choices. You could just ignore it and let the lady spend out a lot more money in launching proceedings against you but bear this in mind. She will find herself in a very difficult position if she were foolish enough to commence, let's say, a small claims court action against you for the value of 'her' hedge and items. SCC is not equipped to determine the boundary and will simply refer her to the higher courts - again, this is going to cost her a great deal of money, so I hope she has very deep pockets. She could apply for an injunction (likely cost a grand) but again, until the boundary is determined, she is on very shaky ground. You could once again courteously reply stating that, as you have already said, you don't believe there is anything to dispute here since the hedge belongs to you. Invite them to provide substantial evidence (not just her opinion) that you are mistaken in your belief. Put her and her solicitor to the trouble of finding evidence and as for asking for compensation ... your attitude should be "I'll think about that scenario when you prove to me that your client owns the land and the hedge upon it"!

You may like to go across to Garden Law, put this up and see what the folks on there have to say. Many of them have had real experience of neighbours like yours and may be able to offer further help. I wouldn't worry too much about the leylandii (if that is what they are) there are subtle ways of dealing with them if they do eventually become a problem, but sshhh, don't tell anyone I told you that!

It occurs to me to wonder if your neighbour is elderly since it has been my experience that quite often neighbours like this are in the early stages of senility, which makes it doubly hard to deal with as you are fighting a losing battle against their grip on reason and logic. I would also ask if you are in Scotland since property laws there are markedly different to England and Wales, and I have no experience of that.

Keep taking photographs of the situation but also make sure that they are date evidenced in some way - perhaps hold up a copy of that day's newspaper so that it shows in any picture you take. It might be a wise move to ask your previous owner to make a written statement as to her understanding of the boundary/hedge ownership. Would a search of the Land Registry or your Local Authority help you to locate the freeholder? Does your postman know if there is a mail re-direct for that flat?

I really don't know what else I can say that will help you except that I've been there and done that and can so understand how frantic and upset you must be feeling. Keep your chin up.

Margaret54

So sorry to read about this awful dispute with the neighbour. I think you have been given very good advice here, and I am sorry I can't add to it as I have never been in a situation such as this, but a friend of mine once was and it went on for years and cost so much in health and money and terrible stress to her and her husband and son. I do wish you well in all of this, and I agree that this person sounds very nasty and if she is talking about putting in a hot tub then she def. isn't elderly. Take good care of yourself Margaret xx

pickledtink

Thanks all. Fact is I've been ill for some time and this whole nightmare has been a real trial and hasn't helped matters. I have only just replied as since I lasted posted I was carted off to hospital in an ambulance where I've been ever since.
The kind friends who put up the fence( now concreted right down to bedrock )have handled her nonsense calmly and at the present she can't do much. I'm going to read these excellent replies when I'm a bit better and do as suggested . I do think she'll continue to stir up trouble. I can't see if the Leylandii are planted or in pots but they're definitely right up against the new fence. It's going to be a while before I can walk or function properly so not a lot I can do right now. The council Arbeoroligist (sp?)said no-one can prevent her from planting them and I can do nothing until they go above a certain height.
Thank you so much everyone for all the help and support offered.

andrew-b

Thanks for keeping us updated. Glad to hear friends have stepped in to help you as you don't need all this to deal with when your unwell. Does put things into perspective a bit of what things are important in life.

I (and i'm sure i speak for all of us here) wish you all the best for a speedy recovery!

Andy

p.s. it's "arboriculturist" i think you mean ..least thats what our council equivalent calls themselves - they can cut trees down but not their words!

pickledtink

Going to follow all that excellent advice just as soon as I get past the next few weeks as work has built up into one awful tangled mess whilst I was in hospital ( own business so no choice)
Have just received ANOTHER letter from her Solicitor expecting me to pay for her Leylandii, log roll and rebuilding up the garden on her side!
This being the bit she got her bloke to dig down two feet to undermine my third fence presumably and which was clearly always on a lower level anyway.
She want's about £300.00 apparently. Although she does now concede that my fence is now acceptable to her!
Photos have not come out well enough to substantiate where they underdug my fence so I'm not really able to prove it realistically but even so this is just too ridiculous. She's either genuinely stupid or just a born trouble maker purely for the sake of it.