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#16
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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 |
#17
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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 |
#18
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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 |
#19
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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 |
#20
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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 |
#21
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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 |
#22
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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 |
#23
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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 |
#24
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Advice please Leylandii hedge / hawthorne part 2
not nessecarily
"David" wrote in message news 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 |
#25
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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 |
#26
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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 |
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