Advice please Leylandii hedge / hawthorne part 2
 

You clearly forget that when you are unfortunate enough to gain a neighbour
who causes trouble you have to declare it when you try to sell
That alone puts off buyers or reduces the price to an impossible level
As for cutting the things down if we did the fine for 56 of them would be
enormous .......last published court case was £50,000 in costs etc for
simply trimming back a load of trees
and all he would do is plant a load more
"David" wrote in message
...
In article , Alan Holmes
writes

"David" wrote in message
.. .
In article , bnd777
writes
No one wants to live next to the Leylandi ......would you !!!

Have you tried to sell then? last time we discussed this you refused to
even consider being 'forced out'

Why should he be 'forced out' because of someone elses stupidity?

If I was in the same situation as Barry, I would cut my losses, you only
get the one life and I would refuse to have years of it blighted by
neighbour disputes.
--
David

Advice please Leylandii hedge / hawthorne part 2
 

In article , bnd777
writes
You clearly forget that when you are unfortunate enough to gain a neighbour
who causes trouble you have to declare it when you try to sell
That alone puts off buyers or reduces the price to an impossible level
As for cutting the things down if we did the fine for 56 of them would be
enormous .......last published court case was £50,000 in costs etc for
simply trimming back a load of trees
and all he would do is plant a load more

You have to declare any neighbour disputes, a potential buyer may not
have the same problem with the Leylandii that you have.

Can you point me towards this £50,000 fine? usually these cases aren't
as black and white as they may seem. You could always consult a
solicitor and see what they think you would get for a bit of illegal
pruning, in these enlightened times a court might be sympathetic to your
case. Have you considered suing your neighbour?
--
David

Advice please Leylandii hedge / hawthorne part 2
 

It was a well published case about August last year where the costs were
£50,000
and is mentioned on Hedgeline website
Theres also another case quite near us where a retired old soldier lost his
life savings trying to get permission to have his pop group neighbours
leylandi cut
In every case theres been you will find the judge expresses immense sympathy
for the victim but is unable to help due to current law
and Yes I have obtained legal advice on the matter


"David" wrote in message
...
In article , bnd777
writes
You clearly forget that when you are unfortunate enough to gain a
neighbour
who causes trouble you have to declare it when you try to sell
That alone puts off buyers or reduces the price to an impossible level
As for cutting the things down if we did the fine for 56 of them would be
enormous .......last published court case was £50,000 in costs etc for
simply trimming back a load of trees
and all he would do is plant a load more

You have to declare any neighbour disputes, a potential buyer may not
have the same problem with the Leylandii that you have.

Can you point me towards this £50,000 fine? usually these cases aren't
as black and white as they may seem. You could always consult a
solicitor and see what they think you would get for a bit of illegal
pruning, in these enlightened times a court might be sympathetic to your
case. Have you considered suing your neighbour?
--
David

Advice please Leylandii hedge / hawthorne part 2
 

In article , bnd777
writes
It was a well published case about August last year where the costs were
£50,000
and is mentioned on Hedgeline website
Theres also another case quite near us where a retired old soldier lost his
life savings trying to get permission to have his pop group neighbours
leylandi cut
In every case theres been you will find the judge expresses immense sympathy
for the victim but is unable to help due to current law
and Yes I have obtained legal advice on the matter

I see the fine was £500 and as you say the £50,000 was in costs. do you
know if this was legal costs, replacement trees, damage caused whatever?


--
David

Advice please Leylandii hedge / hawthorne part 2
 

£50,000 was in costs both for his defence plus the other sides case thats
the enormity of legal and court costs these days
Dont forget Michael Jones battle cost £100,000 and he did most of his own
legal work ........Stanton lost in that case because of covenants but he
never ever paid up

"David" wrote in message
...
In article , bnd777
writes
It was a well published case about August last year where the costs were
£50,000
and is mentioned on Hedgeline website
Theres also another case quite near us where a retired old soldier lost
his
life savings trying to get permission to have his pop group neighbours
leylandi cut
In every case theres been you will find the judge expresses immense
sympathy
for the victim but is unable to help due to current law
and Yes I have obtained legal advice on the matter

I see the fine was £500 and as you say the £50,000 was in costs. do you
know if this was legal costs, replacement trees, damage caused whatever?


--
David

Advice please Leylandii hedge / hawthorne part 2
 

In article , bnd777
writes
£50,000 was in costs both for his defence plus the other sides case thats
the enormity of legal and court costs these days
Dont forget Michael Jones battle cost £100,000 and he did most of his own
legal work ........Stanton lost in that case because of covenants but he
never ever paid up

So if you don't contest it you just get fined which in this case was
£500?, what about damages? is there any figures on that.
A poster on another newsgroup claims that this is what he did, he took a
chainsaw to the Leylandii, pleaded guilty got a few hundred pounds fine
and considered it money well spent.
I would have thought pleading guilty was the way to go with mitigating
circumstances.
--
David

Advice please Leylandii hedge / hawthorne part 2
 

Well the guy on another newsgroup must have been very lucky indeed but it
was probably only small claims court

Because if you have a neighbour prepared to take you to High Court over the
matter then it sure would not be a £500 fine and I know my neighbour would
do exactly that
"David" wrote in message
...
In article , bnd777
writes
£50,000 was in costs both for his defence plus the other sides case thats
the enormity of legal and court costs these days
Dont forget Michael Jones battle cost £100,000 and he did most of his own
legal work ........Stanton lost in that case because of covenants but he
never ever paid up

So if you don't contest it you just get fined which in this case was
£500?, what about damages? is there any figures on that.
A poster on another newsgroup claims that this is what he did, he took a
chainsaw to the Leylandii, pleaded guilty got a few hundred pounds fine
and considered it money well spent.
I would have thought pleading guilty was the way to go with mitigating
circumstances.
--
David

Advice please Leylandii hedge / hawthorne part 2
 

In article , bnd777
writes
Well the guy on another newsgroup must have been very lucky indeed but it
was probably only small claims court

Because if you have a neighbour prepared to take you to High Court over the
matter then it sure would not be a £500 fine and I know my neighbour would
do exactly that

It wouldn't be down to him though, he would just report the matter and
it would be dealt with by a magistrates court.
--
David

Advice please Leylandii hedge / hawthorne part 2
 

not nessecarily


"David" wrote in message
...
In article , bnd777
writes
Well the guy on another newsgroup must have been very lucky indeed but it
was probably only small claims court

Because if you have a neighbour prepared to take you to High Court over
the
matter then it sure would not be a £500 fine and I know my neighbour
would
do exactly that

It wouldn't be down to him though, he would just report the matter and
it would be dealt with by a magistrates court.
--
David

Advice please Leylandii hedge / hawthorne part 2
 

In article , bnd777
writes
not nessecarily


Why would it go to high court then? surely it would be a simple case of
damage, the cases you've cited have been where the case has tried to be
proven not guilty, this is why the costs are so high.
--
David

Advice please Leylandii hedge / hawthorne part 2
 

"David" wrote in message
...
In article , bnd777
writes
Thanks Alan ........I agree
We are unfortunate enough to have a very very nasty neighbour indeed who
delights in creating all manner of problems
and thinks Leylandi are a good weapon

You never did answer the question about trying to sell, I suppose you're
just going to moan about it without doing much to help yourself. Why
don't you just cut them down, someone else did that and got fined but
they considered it money well spent.

I don't think things are quite that simple, if he did cut them down the
neighbour could just replant another lot.

One way is to treat them with a chemical like SBK and as they die, if
questions are asked, you say that you've heard of a nasty disease
that attacks Leylandii.

Alan
--
Reply to alan(at)windsor-berks(dot)freeserve(dot)co(dot)uk