Quote:
Originally Posted by Paul C
On one part of the boundary fence we have a very well established ceanothus (which has suffered this winter) it does not extend over fence into her garden but has grown to about 18ins above the height of the fence. It also extends about 3 or 4 feet back into our garden. A couple of days ago I discovered that our neighbour had used a power tool with a long handled extension to lean over into our garden and cut away the shrub so that no part of it is above the line of the fence. l
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She's out of order on that. It is your property and she has caused damage.
On the other hand, should you come to sell the property, you have to tell the potential buyer (if asked - and their estate agent will have it as a standard question on their form) of any neighbour disputes, and it may deter potential buyers. So you need to bear this in mind if you think it is likely that you'll want to sell while she's still living next door.
You could consider pure defence - as I understand it, you are allowed to build a boundary wall or fence to 2m without planing permission. I'd consider a second fence just inside your property (so you don't have to get any agreement) to the full 2m, which should cut down her ability to attack with power tools.
You could also decide now what action of hers would be absolutely beyond the limit, and the stage at which you would seek legal advice. For example, what if she decided that weedkiller would be better than power tools? It's easy to let things escalate bit by bit to beyond tolerable.
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