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Old 02-03-2011, 08:28 PM
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Default Conifers .. Who is responsible ?

I was recently speaking to a friend of mine who has just had his conifer hedge trimmed by a guy who runs his own gardening business .. My friend was told that he was responsible for his side of the conifers and for the tops but the neighbour at the other side of the hedge was responsible for getting (and paying for) his side to be trimmed .. Has anyone heard of this before and is it a legally binding issue ?

Thanks very much ..
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Old 02-03-2011, 10:12 PM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?


"Simmo" wrote in message
...

I was recently speaking to a friend of mine who has just had his conifer
hedge trimmed by a guy who runs his own gardening business .. My friend
was told that he was responsible for his side of the conifers and for
the tops but the neighbour at the other side of the hedge was
responsible for getting (and paying for) his side to be trimmed .. Has
anyone heard of this before and is it a legally binding issue ?

Thanks very much ..



Others will help you about this. I am, atm, in a bad situation about my
three Lawson's Cypressus. Last year my neighbour wanted a little branch
cut off so she could put a fence up. I agreed.
She then decided she wanted them reduced and I agreed to that too, when the
birds were not nesting in them,
Now she wants them felled completely, claiming they are damaging her house
but since I had my own house underpinned in 2003 to the side and back I
don't want the danger of heave at the front.
The letter says about "not falling out" about it. I wouldn't, unless it was
not in a long line of a seriously bad neighbour.
I've referred it to my insurance company now, they can fight it out
themselves.
I want my trees at least half up. Goldcrests are in them atm and so many
birds nest in them



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Old 02-03-2011, 11:26 PM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?


"Simmo" wrote in message
...

I was recently speaking to a friend of mine who has just had his conifer
hedge trimmed by a guy who runs his own gardening business .. My friend
was told that he was responsible for his side of the conifers and for
the tops but the neighbour at the other side of the hedge was
responsible for getting (and paying for) his side to be trimmed .. Has
anyone heard of this before and is it a legally binding issue ?

Thanks very much ..


AIUI the owner of the trees is responsible for them and must keep all parts
of them to his own side of the boundary. If the owner fails/refuses to do
this, the neighbour can trim them back to the boundary, but the trimmings
remain the property of the owner, and the neighbour must offer them back to
him. Of course, in the event that the owner is a belligerent type, this
might not be good for the neighbours health, and I didn't tell you any of
this.

Steve

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Old 03-03-2011, 07:29 AM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?

On Mar 2, 8:28*pm, Simmo wrote:
I was recently speaking to a friend of mine who has just had his conifer
hedge trimmed by a guy who runs his own gardening business .. My friend
was told that he was responsible for his side of the conifers and for
the tops but the neighbour at the other side of the hedge was
responsible for getting (and paying for) his side to be trimmed .. Has
anyone heard of this before and is it a legally binding issue ?

Thanks very much ..

--
Simmo


Traditionallly agricultural hedges were centred on the boundary line.
However if someone has planted trees in a housing estate, it's usually
on their side of the boundary & is therefor their responsibilty. Any
branches that "tresspass" you can cut off put you have to give them
back.
I think there'a laws governing how high the hedge can be.
http://www.tree-care.info/law/highhedges
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Old 03-03-2011, 09:07 AM
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Default

Quote:
Originally Posted by Simmo View Post
I was recently speaking to a friend of mine who has just had his conifer hedge trimmed by a guy who runs his own gardening business .. My friend was told that he was responsible for his side of the conifers and for the tops but the neighbour at the other side of the hedge was responsible for getting (and paying for) his side to be trimmed .. Has anyone heard of this before and is it a legally binding issue ?

Thanks very much ..
As you were told, your friend is responsible for the whole of the hedge, assuming it is his hedge. However it may be the case that your neighbour does not want you in his garden which may be the only practical way of trimming the other side. My neighbours have in the past trimmed my side of their hedge, and were very embarrassed about coming into my garden to do it, even though I clearly told them they could. These days they don't bother and I have to do it now, but it is clearly less effort to do that (3 hours per year) than to make a fuss about it.


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Old 03-03-2011, 09:20 AM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?

On Wed, 2 Mar 2011 20:28:32 +0000, Simmo
wrote:


I was recently speaking to a friend of mine who has just had his conifer
hedge trimmed by a guy who runs his own gardening business .. My friend
was told that he was responsible for his side of the conifers and for
the tops but the neighbour at the other side of the hedge was
responsible for getting (and paying for) his side to be trimmed .. Has
anyone heard of this before and is it a legally binding issue ?

Thanks very much ..


Hello Simmo. You will find all your legal answers he
http://www.gardenlaw.co.uk/
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Old 03-03-2011, 05:01 PM
kay kay is offline
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Quote:
Originally Posted by harry View Post
Any
branches that "tresspass" you can cut off put you have to give them
back.
You don't "have" to give them back. You have to *offer* them back. It's not a license to dump the whole lot in the middle of their driveway.
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Old 04-03-2011, 10:50 AM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?

In article ,
says...

I was recently speaking to a friend of mine who has just had his conifer
hedge trimmed by a guy who runs his own gardening business .. My friend
was told that he was responsible for his side of the conifers and for
the tops but the neighbour at the other side of the hedge was
responsible for getting (and paying for) his side to be trimmed .. Has
anyone heard of this before and is it a legally binding issue ?

Thanks very much ..





It rather depends on where the trees are planted and for what purpose,
title deeds often have a indication on who owns which boundry (mine says
"Half Hedge" meaning my neighbours and myself are equally responsible
for upkeep and maintainance) generally the line of trees will belong to
the side in which they are planted, they are then responsible for cutting
the hedge their side and the top but they are not intitled to gain access
to maintain the other side, the neighbours have no duty to cut anything
but can if they wish can cut anything that intrudes into their land
provided they offer the cuttings to the hedges owner. However many
housing estates come with covenants that control who owns what and who
has to maintain what (even if they don't own it) and may even go as far
as the type of fence panel its colour or type of hedging plant
--
Charlie Pridham, Gardening in Cornwall
www.roselandhouse.co.uk
Holders of national collections of Clematis viticella cultivars and
Lapageria rosea
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Old 04-03-2011, 10:59 AM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?



"Charlie Pridham" wrote in message
T...
In article ,
says...

I was recently speaking to a friend of mine who has just had his conifer
hedge trimmed by a guy who runs his own gardening business .. My friend
was told that he was responsible for his side of the conifers and for
the tops but the neighbour at the other side of the hedge was
responsible for getting (and paying for) his side to be trimmed .. Has
anyone heard of this before and is it a legally binding issue ?

Thanks very much ..





It rather depends on where the trees are planted and for what purpose,
title deeds often have a indication on who owns which boundry (mine says
"Half Hedge" meaning my neighbours and myself are equally responsible
for upkeep and maintainance) generally the line of trees will belong to
the side in which they are planted, they are then responsible for cutting
the hedge their side and the top but they are not intitled to gain access
to maintain the other side, the neighbours have no duty to cut anything
but can if they wish can cut anything that intrudes into their land
provided they offer the cuttings to the hedges owner. However many
housing estates come with covenants that control who owns what and who
has to maintain what (even if they don't own it) and may even go as far
as the type of fence panel its colour or type of hedging plant
--
Charlie Pridham, Gardening in Cornwall
www.roselandhouse.co.uk
Holders of national collections of Clematis viticella cultivars and
Lapageria rosea


Charlie has the hedge height law come in yet and if so, what powers does a
neighbour have over getting a hedge height reduced?

AND

Which height is measured? What of the hedge planted at ground level one
side, but a wall some 5 feet high maintains that level, thus the hedge is 5
feet in the air to start with, with the top being about 15 feet in the air
;-)) http://www.myalbum.com/Album=AYZGNMW6

Mike


--

....................................
Don't take life too seriously, you'll never get out alive
....................................



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Old 04-03-2011, 04:25 PM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?

In message , Charlie
Pridham writes
In article ,
says...

I was recently speaking to a friend of mine who has just had his conifer
hedge trimmed by a guy who runs his own gardening business .. My friend
was told that he was responsible for his side of the conifers and for
the tops but the neighbour at the other side of the hedge was
responsible for getting (and paying for) his side to be trimmed .. Has
anyone heard of this before and is it a legally binding issue ?

Thanks very much ..





It rather depends on where the trees are planted and for what purpose,
title deeds often have a indication on who owns which boundry (mine says
"Half Hedge" meaning my neighbours and myself are equally responsible
for upkeep and maintainance) generally the line of trees will belong to
the side in which they are planted, they are then responsible for cutting
the hedge their side and the top but they are not intitled to gain access
to maintain the other side, the neighbours have no duty to cut anything
but can if they wish can cut anything that intrudes into their land
provided they offer the cuttings to the hedges owner. However many
housing estates come with covenants that control who owns what and who
has to maintain what (even if they don't own it) and may even go as far
as the type of fence panel its colour or type of hedging plant

Deeds should always be first port of call. Many people simply believe
that all fences are party fences.
--
hugh
"Believe nothing. No matter where you read it, Or who said it, Even if
I have said it, Unless it agrees with your own reason And your own
common sense." Buddha


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Old 04-03-2011, 04:42 PM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?




"hugh" ] wrote in message
...
In message , Charlie
Pridham writes
In article ,
says...

I was recently speaking to a friend of mine who has just had his conifer
hedge trimmed by a guy who runs his own gardening business .. My friend
was told that he was responsible for his side of the conifers and for
the tops but the neighbour at the other side of the hedge was
responsible for getting (and paying for) his side to be trimmed .. Has
anyone heard of this before and is it a legally binding issue ?

Thanks very much ..





It rather depends on where the trees are planted and for what purpose,
title deeds often have a indication on who owns which boundry (mine says
"Half Hedge" meaning my neighbours and myself are equally responsible
for upkeep and maintainance) generally the line of trees will belong to
the side in which they are planted, they are then responsible for cutting
the hedge their side and the top but they are not intitled to gain access
to maintain the other side, the neighbours have no duty to cut anything
but can if they wish can cut anything that intrudes into their land
provided they offer the cuttings to the hedges owner. However many
housing estates come with covenants that control who owns what and who
has to maintain what (even if they don't own it) and may even go as far
as the type of fence panel its colour or type of hedging plant



Deeds should always be first port of call. Many people simply believe that
all fences are party fences.


Well this one doesn't. In fact I have not often heard of anyone having
'party fences'. My introduction to 'whose fence is it' was at my first
house. The fence on the left as I looked down the garden was 'mine', BUT,
our neighbour had fenced in her garden, but 'my' fence was on her land ;-)

Always had superb neighbours so never had any neighbour disputes :-))

Mike



--

....................................
Don't take life too seriously, you'll never get out alive
....................................





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Old 04-03-2011, 06:03 PM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?


"kay" wrote in message
...

harry;914130 Wrote:

Any
branches that "tresspass" you can cut off put you have to give them
back.


You don't "have" to give them back. You have to *offer* them back. It's
not a license to dump the whole lot in the middle of their driveway.


Which is what my neighbour did.
She told my brother that "she does not want to fall out with me" and then
wonders why she has.
She is territorial. Every branch of every tree on that side right down down
the whole 450 ft of my garden has been cut off and it's caused a problem _
some of those fruit trees have been planted many years ago on the border and
it's unbalancing them, so they will fall in a high wind.
Which they have.
I have to limbo down the garden now to get to my chickens to feed them
underneath a damson tree that fell because all one side of it dared to to
put branches out.
I would not mind too much if it mattered to them
because they do not use more than more than 50 ft of
of the 450 ft garden they are lucky to have.




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Old 04-03-2011, 06:53 PM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?

" Which is what my neighbour did.
She told my brother that "she does not want to fall out with me" and then
wonders why she has.
She is territorial. Every branch of every tree on that side right down
down the whole 450 ft of my garden has been cut off and it's caused a
problem _ some of those fruit trees have been planted many years ago on
the border and it's unbalancing them, so they will fall in a high wind.
Which they have.
I have to limbo down the garden now to get to my chickens to feed them
underneath a damson tree that fell because all one side of it dared to to
put branches out.
I would not mind too much if it mattered to them
because they do not use more than more than 50 ft of
of the 450 ft garden they are lucky to have.


I wish I had your neighbour I side with her. If a person plants a large
shrub or small tree close to a border they are being selfish towards the
neighbour.

15 years ago I had a new neighbour who prompltly planted small trees and
large shrubs down the border. During Autumn at least 50% of the leaves end
up in my garden which I clear for obvious reasons. My neighbour OTOH leaves
her leaves until April of the following year before she clears them !

I should mention there is a husband as well and both are able bodied etc and
don't see the problem.

DF


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Old 04-03-2011, 09:09 PM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?


"hate trees" wrote in message
...
" Which is what my neighbour did.
She told my brother that "she does not want to fall out with me" and then
wonders why she has.
She is territorial. Every branch of every tree on that side right down
down the whole 450 ft of my garden has been cut off and it's caused a
problem _ some of those fruit trees have been planted many years ago on
the border and it's unbalancing them, so they will fall in a high wind.
Which they have.
I have to limbo down the garden now to get to my chickens to feed them
underneath a damson tree that fell because all one side of it dared to to
put branches out.
I would not mind too much if it mattered to them
because they do not use more than more than 50 ft of
of the 450 ft garden they are lucky to have.


I wish I had your neighbour I side with her. If a person plants a large
shrub or small tree close to a border they are being selfish towards the
neighbour.


Except this happened nearly 40 years ago when people were more, let's say,
adaptable by having a smallholding. No one bothered by a tree pushing its
branches next door. It happened all the time.
Never been a prob before, I'd not mind quite so much if they ever went down
their long garden more than once year.
They use the first idea, maybe 40 ft will damage. It's wasted. But OMg are
we in a fight about the front cypresses.
I've left it to my insurance company to sort it out with theirs now.




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Old 09-03-2011, 07:48 PM posted to uk.rec.gardening
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Default Conifers .. Who is responsible ?


"hate trees" wrote in message
...
" Which is what my neighbour did.
She told my brother that "she does not want to fall out with me" and then
wonders why she has.
She is territorial. Every branch of every tree on that side right down
down the whole 450 ft of my garden has been cut off and it's caused a
problem _ some of those fruit trees have been planted many years ago on
the border and it's unbalancing them, so they will fall in a high wind.
Which they have.
I have to limbo down the garden now to get to my chickens to feed them
underneath a damson tree that fell because all one side of it dared to to
put branches out.
I would not mind too much if it mattered to them
because they do not use more than more than 50 ft of
of the 450 ft garden they are lucky to have.


I wish I had your neighbour I side with her. If a person plants a large
shrub or small tree close to a border they are being selfish towards the
neighbour.


FGS, she can cannot even see it from her house.







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