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Old 18-03-2012, 09:36 PM
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Quote:
Originally Posted by David E. Ross[_2_] View Post
On 3/18/12 12:29 AM, Elizabeth2108 wrote:
Hi there,

Please can anyone tell me who is legally responsible for maintaining a
hedge planted in someone's garden but growing over the fence into
someone else's garden - my neighbor's hedge is overhanging my garden by
about 60cms and I have asked them to help cut it back to their side of
the fence but they have refused to help out and I'm just wondering where
I stand legally.

Many thanks to anyone who can help me with this matter.


You have the right to trim it back to your property line if you can do
it without killing the plant.

For your neighbor to enter your property to trim it, you would have to
give a written release to your neighbor. If this becomes a frequent
task that your neighbor does, you might inadvertently create an easement
on your property for that purpose, which I don't think you want.

--
David E. Ross
Climate: California Mediterranean, see
My Climate
Gardening diary at David Ross's Garden Diary -- Current
Further to the above good advice, if indeed you do cut the hedge back yourself then make sure you offer the trimmings back to your neighbour ?? This will protect you from being accused of theft !! There is nothing to stop you cutting back the hedge to the boundary line as long as you are aware that the trimmings legally belong to your neighbour, so by offering them back, you then cover yourself !
Lannerman.
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Old 21-03-2012, 12:40 PM
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Quote:
Originally Posted by lannerman View Post
Further to the above good advice, if indeed you do cut the hedge back yourself then make sure you offer the trimmings back to your neighbour ?? This will protect you from being accused of theft !! There is nothing to stop you cutting back the hedge to the boundary line as long as you are aware that the trimmings legally belong to your neighbour, so by offering them back, you then cover yourself !
Lannerman.
That is a specifically British interpretation of law. Given OP's spelling of neighbor, I think they need to know the local legal situation.
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Old 21-03-2012, 04:43 PM posted to rec.gardens
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Default Hedge maintenance - who's responsibility is it?

On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge back
yourself then make sure you offer the trimmings back to your neighbour
?? This will protect you from being accused of theft !! There is nothing
to stop you cutting back the hedge to the boundary line as long as you
are aware that the trimmings legally belong to your neighbour, so by
offering them back, you then cover yourself !
Lannerman.


That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.


My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side. In fact if the
neighbor reached over onto your side to take those apples from his
tree growing on your side that would be theft... what grows onto your
side is yours. If the neighbor didn't want you picking the apples
from his tree he should have planted that tree further from the
property line. In the present case the neighbor was very presumptuous
planting a hedge so that it grows over onto the adjoining property. I
planted a dozen trees seventy five feet apart in a row along my
property line but I made sure that they were twenty feet into my
side... no neighbor problems.
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Old 21-03-2012, 10:02 PM posted to rec.gardens
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Default Hedge maintenance - who's responsibility is it?

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.


That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.


My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.


Your logic is not the same as the law in some parts of the world and the law
relevant to the OP is the key point.

D

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Old 22-03-2012, 12:29 AM posted to rec.gardens
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On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.


My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.


Your logic is not the same as the law in some parts of the world and the law
relevant to the OP is the key point.


Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK. You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants. I seriously
doubt that folks in the UK can plant a hedge (or any plant) on or
about the property line and allow it to impinge on the adjoining
property without repucussion... a hedge is nothing, what were it a
maple tree that after a few years begins to grow limbs through the
neighbors windows. I think you're purposely being foolish, I'd hate
to think you're truly such a fool.


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Old 22-03-2012, 01:16 AM posted to rec.gardens
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In article , Brooklyn1 says...

On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.


Your logic is not the same as the law in some parts of the world and the law
relevant to the OP is the key point.


Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK.


Which one? Different UK countries often have different laws. The
Scottish legal and land ownership system is separate and very different
from the English one. English hedge legislation doesn't match Scotland's.

You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants. I seriously
doubt that folks in the UK can plant a hedge (or any plant) on or
about the property line and allow it to impinge on the adjoining
property without repucussion


Nobody said that. As Lannerman posted above, in the UK, legally you can
cut the neighbours hedge (or tree) back to the property line. You must
offer him what you cut off; but he's under no obligation to accept it.

Janet
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Old 22-03-2012, 05:21 AM posted to rec.gardens
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"Brooklyn1" Gravesend1 wrote in message
...
On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.


Your logic is not the same as the law in some parts of the world and the
law
relevant to the OP is the key point.


Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK. You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants. I seriously
doubt that folks in the UK can plant a hedge (or any plant) on or
about the property line and allow it to impinge on the adjoining
property without repucussion... a hedge is nothing, what were it a
maple tree that after a few years begins to grow limbs through the
neighbors windows. I think you're purposely being foolish, I'd hate
to think you're truly such a fool.


???? Regardless of where I live, in my country, I have always been able to
plant anything I like so long as it is not a declared noxious weed. I could
plant bamboo, ivy, any tree such as a mapple or an oak or a hedge of Leyland
cypress. I couldn't plant Scotch thistle, Paterson's Curse, or Serrated
tussock. The latter 3 are all classed as noxious weeds because they destroy
pasture land.


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Old 22-03-2012, 05:50 PM posted to rec.gardens
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On Thu, 22 Mar 2012 16:21:28 +1100, "Farm1"
wrote:

"Brooklyn1" Gravesend1 wrote in message
.. .
On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.


Gum flapper No. 1 spews:
Your logic is not the same as the law in some parts of the world and the law
relevant to the OP is the key point.


Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK. You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants. I seriously
doubt that folks in the UK can plant a hedge (or any plant) on or
about the property line and allow it to impinge on the adjoining
property without repucussion... a hedge is nothing, what were it a
maple tree that after a few years begins to grow limbs through the
neighbors windows. I think you're purposely being foolish, I'd hate
to think you're truly such a fool.


in my country, I have always been able to plant anything I like.


Gum flapper No. 2. LOL
You, you can't even comprehend the question, you're functionally
illiterate.
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Old 22-03-2012, 11:16 PM posted to rec.gardens
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Brooklyn1 wrote:
On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the
boundary line as long as you are aware that the trimmings legally
belong to your neighbour, so by offering them back, you then
cover yourself ! Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were
growing over, that's what gives one the right to cut them... there
is no theft... were it an apple tree would you after harvesting
those hanging on your side give the apples to the neighbor... I say
they'd be yours the same as if they dropped onto your side.


Your logic is not the same as the law in some parts of the world and
the law relevant to the OP is the key point.


Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK. You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants.


You are saying I should find out the law that pertains to the OP. So we
agree that the law in that case is the important consideration, which was
the point of my comment. I said nothing about having to endure whatever the
neighbour plants, you made that up.

D

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Old 23-03-2012, 01:05 AM posted to rec.gardens
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"David Hare-Scott" wrote:
Brooklyn1 wrote:
On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the
boundary line as long as you are aware that the trimmings legally
belong to your neighbour, so by offering them back, you then
cover yourself ! Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were
growing over, that's what gives one the right to cut them... there
is no theft... were it an apple tree would you after harvesting
those hanging on your side give the apples to the neighbor... I say
they'd be yours the same as if they dropped onto your side.

Your logic is not the same as the law in some parts of the world and
the law relevant to the OP is the key point.


Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK. You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants.


You are saying I should find out the law that pertains to the OP.


Is there something wrong with your comprehension of the English
language? Rather than relying on common sense you're the one pulling
the legal card... show us... you can't because if you could you
certainly would have by now.



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Old 23-03-2012, 07:06 AM posted to rec.gardens
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"David Hare-Scott" wrote in message
...
Brooklyn1 wrote:
On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the
boundary line as long as you are aware that the trimmings legally
belong to your neighbour, so by offering them back, you then
cover yourself ! Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were
growing over, that's what gives one the right to cut them... there
is no theft... were it an apple tree would you after harvesting
those hanging on your side give the apples to the neighbor... I say
they'd be yours the same as if they dropped onto your side.

Your logic is not the same as the law in some parts of the world and
the law relevant to the OP is the key point.


Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK. You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants.


You are saying I should find out the law that pertains to the OP. So we
agree that the law in that case is the important consideration, which was
the point of my comment. I said nothing about having to endure whatever
the neighbour plants, you made that up.


:-)) Sheldon has always done that.


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Old 22-03-2012, 05:16 AM posted to rec.gardens
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Default Hedge maintenance - who's responsibility is it?

"echinosum" wrote in message

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.


NB: OP also referred to "60cms".


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Old 22-03-2012, 10:01 PM posted to rec.gardens
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Default Hedge maintenance - who's responsibility is it?

On Thu, 22 Mar 2012 16:16:33 +1100, "Farm1"
wrote:

"echinosum" wrote in message

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.


NB: OP also referred to "60cms".


I think if anything, this merely means they're unlikely to be from the
USA. I'm in the USA, yet I spell neigbour, colour, and aluminium
(ah-loo-min-ee-uhm). There are many expats around the globe.

It's up to the OP to bother to share pertinent information, not
everyone else to guess, or argue when someone does. Also, since
anybody could sign up for gardenbanter, it isn't a safe bet to assume
that posters from there are all actually in the UK.

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