Neighbours and garden boundaries

[Simbo]

My Home shares a rear garden boundary on 3 sides, when I moved in there was a hedge, a fairly big thick wide headge that forms the boundary of the gardens. A few years back the neighbour asked if I would half for a fence, which is 4 feet, which I did as I didn’t want the work of having to cut a hedge all the time Now he has decided to plant comfier trees in his own garden running parallel with the fence. The trees are now growing all over the fence and into my garden and he’s simply trimming his own side and I’m now being left again to trim 40 yards of trees that I don’t want.
Iv spoken to him but to be blunt he’s not giving a monkeys, which has got me fairly irritated.
Before I go to the council does anybody know the law regarding this type of thing?
The other neighbour on the other side also to build a fence on her side right down the hedge without taking the hedge it, is this legal?

 

[drdel]

You can trim the trees back to the boundary - but since they are his trees you must give him back the trimmings!!

You might get a quote for the work and send it to him - but tell him the cost before spending the money

 

[Simbo]

Aye I googled that part but I have to ask him if he wants them I can’t just dump them back over the fence, if he doesn’t I’m left with several runs to the tip, which is miles away. with stinking wet trees in the back of my car!
I really can’t afford egal fees with this but surely there must be some protection for neighbours with this kind of thing

 

[Tashyboy]

I have some conifers on me front garden that are kept to 6-7ft and they look tidy. I trim them a couple if times a year. However more often than not they look a pigs ear in other folks gardens who just dont give a fig.
I suspect from day one he wanted conifers there instead of the original hedge. But if he had asked you to swop one for the other you would of told him to shove it.
Trim it regularly.

 

[Doon frae Troon]

Trim it regularly on your border line is the only answer.
There is legal height restrictions in Scotland [9'foot ?] but you would need to check that where you live.
Threaten him with the cost of cutting but I don't think that would be legally binding.

The other road to go down is if the shade from his/her trees is stealing your daylight or the roots are damaging your property foundations.


Some say you could bore some holes in the trees and put certain substances in the hole but that would of course be an illegal action.


Watch out for your second neighbour, she is obviously allowed to build a fence on her side of the hedge.

Trouble is a new buyer would think that is the boundary line and you could then give the new neighbour the same problem you have ATM.

Hedges are a pain as boundary markers. Someone must have planted it on their 'own' side.... but which one. ?
Even deeds can be difficult to explain. I own a hedge on a 12 inch boundary strip on the other side of a shared footpath.

 

[ScienceBoy]

Invite them over for a cup of tea and a discussion. Come prepared and come prepared to not be angry.

It’s super hard to get angry while sitting down for a cup of tea and a chat.

 

[Simbo]

Iv spoken to him nicely about it mate

 

[Captainron]

Copper nails......

 

[backwoodsman]

If you've been googling, you probably came across the info, but if not, have a look at the attached link https://www.gov.uk/government/publi...ouncil/high-hedges-complaining-to-the-council.

The problem is, its a pretty useless piece of legislation (and was brought in as a bit of a knee jerk). It totally fails to deal with the problem of hedges which get wider as they grow (ie which gives you the unwanted problems arising from having to trim it on your side when the hedge owner fails to do so.) High is one thing, but wide is another.

Second problem is that even though it is a legal responsibility, your local council is probably unlikely to want to act - partly through lack of resources, but partly through lack of inclination. And very likely through lack of any internal process for dealing with the issue. (If the responsibility has not been formally "delegated" to a particular person or service, then there will be no individual formally/legally authorised to deal with the legislation on your behalf. And chances are it hasn't) Sad fact, but unless you are very lucky, it will probably take a lot of effort on your part to get the council to do anything.

Unfortunately, long experience suggests the most practical solution is to trim it youself - not satisfactory, but practical. Do it regularly - a little & often causes you less issue in getting rid of stuff than does cutting off masses in one go.

And yes, you are correct in that you should not dispose of the cuttings without first asking him if he wants them. Ask in such a way that you only have to ask once - rather than every time you want to do it. Do not just chuck it back over his side - that just leads to further conflict (and, in fact, if you happened, break or damage something of his by doing so, he could sue you for the damage!!)

Good luck ...

 

[CliveW]

Buy a two-stroke petrol hedge trimmer and cut the hedge every Sunday morning at 6 am. He'll soon wish he hadn't planted it!

 

[Mark1751]

Check your home insurance documents as you may have some form of legal advice included. They may be able to help with the legal side.

 

[User62651]

In my old house I've told the neighbours I'm cutting my hedges (inherited not established by me) and can I come round to trim the hedge on their side too as they're my trees so my responsibility. I put down a tarp and collect the cuttings so as not to leave a mess on their side. That seems like the responsible way to do it. IMO he should be doing this for you. Fact he's not and you're having (or will be having) to cut his hedge seems wrong but little you can do legally.

Suck it up or poison his trees, our neighbour where we live now takes all my sons footballs despite never using the back garden they end up in, yes it's my lads fault for kicking them over and I could challenge it but I wont give her the satisfaction, she's a miserable old toad, sort of hate her for it though. Taken perhaps 15 balls over 3 years, nark the kid about it, dont speak to her next door at all. Had a burglary recently. Just want to move. Life sux sometimes, even the little things.:angry:

 

[Doon frae Troon]

I believe that in Scotland you are legally allowed agreed access to maintain your property, not sure if that expends to hedges or fences

You should perhaps consider questioning the ownership of the hedge if he has planted it on the properties boundary line.

 

[Tashyboy]

Buy a two-stroke petrol hedge trimmer and cut the hedge every Sunday morning at 6 am. He'll soon wish he hadn't planted it!

That is the best answer there is. Close the thread 😁

 

[Khamelion]

Depending on the type of tree the roots could be quite invasive and if planted reasonably close to the house, in time they could become an issue to the foundations, not so much while they are alive, but once the tree is removed, if it was tall enough the roots will rot and could leave quite large voids where they were. As you can't cut them down, you could look to plant a flower border down the fence line, and in doing so bang a few copper nails into the roots, nip it in the bud before they get to big.

If they are the fast growing kind of tree you could end up with your garden being in shade, remember you have no right to light, if those trees grow to 10-15feet high and you end up in shade, there is naff all you can do about it.


If you don't want to copper nail the trees, tell the neighbour you are going to trim his trees and make sure you trim dead on the border line, if you have to take a saw to the larger branches, but keep the trees trimmed square to the border line, you could ask that once the tree get to say 6feet 6 inches high he crops the top, or you could replace you 4 feet fence with a 6 foot one.

 

[CliveW]

Plenty "light" reading here.

https://www.gov.uk/government/collections/high-hedges

 

[Lord Tyrion]

Buy a two-stroke petrol hedge trimmer and cut the hedge every Sunday morning at 6 am. He'll soon wish he hadn't planted it!

Horrible situation but I love this answer. No fun for any other neighbours though. On the whole you are stuffed, it depends how devious you want to be, how far you want elevate the situation.

 

[Bunkermagnet]

I would be conisdering upping the fence height to 6ft, and using copious amounts of creosote substitute regularly on the fence. If those conifers grow or spread much, their sap droppings will kill your soil on your side so almost nothing will grow under or near them.

 

[jim8flog]

My neighbour planted a tree close to the fence line, one of the first things I did was to dig a trench on my side of the fence and put in a double offset row of vertically set paving slabs about 6inches back from the fence and infill with concrete.

 

[Doon frae Troon]

My neighbour planted a tree close to the fence line, one of the first things I did was to dig a trench on my side of the fence and put in a double offset row of vertically set paving slabs about 6inches back from the fence and infill with concrete.

Copper nails in the roots on your side of the fence just might be lawful, but I would not advise such action.