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Old 11-08-2003, 06:11 AM
Sally Thompson
 
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Default Neighborus ignoramus and our hedge


Two years ago we planted a mixed deciduous hedge to support the
wildlife: this included hawthorn, blackthorn, guelder rose, dog rose,
hazel and field maple, and has done amazingly well, reaching 8ft high
in parts and flowering and producing many berries for the birds. We
have been thrilled with its progress.

However, we have the misfortune to have acquired an extremely odd
neighbour who refuses to talk to anyone (especially us) and seems
obsessed with his privacy. He has now planted a leylandii hedge all
along the other side of this boundary. This in itself does not
particularly disturb us, since he is on our north side and it has
probably not occurred to him that it will be his own light which will
suffer, not ours. This man gives every appearance of not being a
gardener. However, we are upset that in planting the leylandii he has
(or has had) our own deciduous hedge cut back - probably beyond the
boundary, but it is difficult to prove that of course. They have
removed growing tips of the wild roses and have also today cut off
some branches of an existing ash tree which was right on the boundary
- and thrown them over our side.

We are sure that our hedge will recover (and hope his dies quickly!)
but is there anything we can do legally about what he has done to the
ash tree? I've looked on the hedgeline site but it doesn't really
help.

Sorry to sound off, but you can all imagine how we feel! By the way,
there is absolutely NO way we can discuss this with him - a polite and
friendly good morning is met with a turned back, and after a year
we've just given up.

--
Sally in Shropshire, UK
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Old 11-08-2003, 06:11 AM
Chris French and Helen Johnson
 
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Default Neighborus ignoramus and our hedge

In message , Sally Thompson
writes

Two years ago we planted a mixed deciduous hedge to support the
wildlife

However, we have the misfortune to have acquired an extremely odd
neighbour who refuses to talk to anyone (especially us) and seems
obsessed with his privacy. He has now planted a leylandii hedge all
along the other side of this boundary.


However, we are upset that in planting the leylandii he has
(or has had) our own deciduous hedge cut back - probably beyond the
boundary, but it is difficult to prove that of course. They have
removed growing tips of the wild roses and have also today cut off
some branches of an existing ash tree which was right on the boundary
- and thrown them over our side.

We are sure that our hedge will recover (and hope his dies quickly!)
but is there anything we can do legally about what he has done to the
ash tree? I've looked on the hedgeline site but it doesn't really
help.


The Leylandii might cause a problem to the hedge in the future if they
are too close and start to out compete your hedge plants.

Re the Ash tree - do you know who owns the tree? assuming you do for
now. - presumably these branches were overhanging his garden? If so
then in general he can cut them back to his boundary (I think here are
provisions about not causing damage to a tree , such as causing it to
die or fall over etc.) He is supposed to offer them to you, though not
just dump them in your garden.

If the branches were on your side however then I guess you would have a
claim against him, - presumably you could make a civil claim against
him for damage to the tree - but in reality I don't see that as a
sensible course of action. Would it count as criminal damage I wonder?

If however the tree is covered by a Tree Protection Order then he would
be under the laws regarding them, AIUI it is the local Authority who are
responsible for taking action in these cases. The LA should be able to
tell you if the tree is covered by a TPO and who to report it to if it
is.
--
Chris French and Helen Johnson, Leeds
urg Suppliers and References FAQ:
http://www.familyfrench.co.uk/garden/urgfaq/index.html
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Old 11-08-2003, 06:11 AM
Essjay001
 
Posts: n/a
Default Neighborus ignoramus and our hedge

Sally Thompson wrote:
snip
also today cut off some branches of an existing ash tree which was right

on the boundary
- and thrown them over our side. But is there anything we can do legally

about what he has done to the ash tree?

If he has unbalanced the tree it may fall over then he would probably be
responsible for any damage caused.

If the tree is definately yours then he did the right thing by putting the
cuttings over your side, however if the tree is his then you should throw
the cuttings back over his fence!

Sorry to sound off, but you can all imagine how we feel! By the way,
there is absolutely NO way we can discuss this with him - a polite and
friendly good morning is met with a turned back, and after a year
we've just given up.


You could go to his front door and invite him for coffee but some neighbours
are just a waste of oxygen and short of getting a few blokes down the pub to
give him correctional training there in nowt 't be done. He is legally
entitled to be an a***hole if he wants to be.

Steve R
--
"Latest gear:- One piece one button suit extremely comfortable, perfect
for Relaxation, Sports, Hiking, Swimming, a must have" OOPS sorry you
have one!!!




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Old 11-08-2003, 06:11 AM
anne
 
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Default Neighborus ignoramus and our hedge

Basically, his leylandii will kill "his side" of your hedge. As far as who's
branches overhang whos boundary, you will be chopping off branches
ad-in-fin-item (can't spell it, nice word though). T r Y and have a chat
with the guy, just to see what his ideas are. OK, he likes his privacy and
that's fine, but just try and ask him what he would like because you are
reasonable too and maybe you could both be happy with something? I managed
to come to an agreement with somebody once and nobody ever agrees with me,
so it is possible.


Chris French and Helen Johnson wrote in
message ...
In message , Sally Thompson
writes

Two years ago we planted a mixed deciduous hedge to support the
wildlife

However, we have the misfortune to have acquired an extremely odd
neighbour who refuses to talk to anyone (especially us) and seems
obsessed with his privacy. He has now planted a leylandii hedge all
along the other side of this boundary.


However, we are upset that in planting the leylandii he has
(or has had) our own deciduous hedge cut back - probably beyond the
boundary, but it is difficult to prove that of course. They have
removed growing tips of the wild roses and have also today cut off
some branches of an existing ash tree which was right on the boundary
- and thrown them over our side.

We are sure that our hedge will recover (and hope his dies quickly!)
but is there anything we can do legally about what he has done to the
ash tree? I've looked on the hedgeline site but it doesn't really
help.


The Leylandii might cause a problem to the hedge in the future if they
are too close and start to out compete your hedge plants.

Re the Ash tree - do you know who owns the tree? assuming you do for
now. - presumably these branches were overhanging his garden? If so
then in general he can cut them back to his boundary (I think here are
provisions about not causing damage to a tree , such as causing it to
die or fall over etc.) He is supposed to offer them to you, though not
just dump them in your garden.

If the branches were on your side however then I guess you would have a
claim against him, - presumably you could make a civil claim against
him for damage to the tree - but in reality I don't see that as a
sensible course of action. Would it count as criminal damage I wonder?

If however the tree is covered by a Tree Protection Order then he would
be under the laws regarding them, AIUI it is the local Authority who are
responsible for taking action in these cases. The LA should be able to
tell you if the tree is covered by a TPO and who to report it to if it
is.
--
Chris French and Helen Johnson, Leeds
urg Suppliers and References FAQ:
http://www.familyfrench.co.uk/garden/urgfaq/index.html





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Old 11-08-2003, 06:11 AM
anne
 
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Default Neighborus ignoramus and our hedge


anne wrote in message
...
Basically, his leylandii will kill "his side" of your hedge. As far as

who's
branches overhang whos boundary, you will be chopping off branches
ad-in-fin-item (can't spell it, nice word though). T r Y and have a chat
with the guy, just to see what his ideas are. OK, he likes his privacy and
that's fine, but just try and ask him what he would like because you are
reasonable too and maybe you could both be happy with something? I managed
to come to an agreement with somebody once and nobody ever agrees with me,
so it is possible.


Top posted this sorry.



Chris French and Helen Johnson wrote in
message ...
In message , Sally Thompson
writes

Two years ago we planted a mixed deciduous hedge to support the
wildlife

However, we have the misfortune to have acquired an extremely odd
neighbour who refuses to talk to anyone (especially us) and seems
obsessed with his privacy. He has now planted a leylandii hedge all
along the other side of this boundary.


However, we are upset that in planting the leylandii he has
(or has had) our own deciduous hedge cut back - probably beyond the
boundary, but it is difficult to prove that of course. They have
removed growing tips of the wild roses and have also today cut off
some branches of an existing ash tree which was right on the boundary
- and thrown them over our side.

We are sure that our hedge will recover (and hope his dies quickly!)
but is there anything we can do legally about what he has done to the
ash tree? I've looked on the hedgeline site but it doesn't really
help.


The Leylandii might cause a problem to the hedge in the future if they
are too close and start to out compete your hedge plants.

Re the Ash tree - do you know who owns the tree? assuming you do for
now. - presumably these branches were overhanging his garden? If so
then in general he can cut them back to his boundary (I think here are
provisions about not causing damage to a tree , such as causing it to
die or fall over etc.) He is supposed to offer them to you, though not
just dump them in your garden.

If the branches were on your side however then I guess you would have a
claim against him, - presumably you could make a civil claim against
him for damage to the tree - but in reality I don't see that as a
sensible course of action. Would it count as criminal damage I wonder?

If however the tree is covered by a Tree Protection Order then he would
be under the laws regarding them, AIUI it is the local Authority who are
responsible for taking action in these cases. The LA should be able to
tell you if the tree is covered by a TPO and who to report it to if it
is.
--
Chris French and Helen Johnson, Leeds
urg Suppliers and References FAQ:
http://www.familyfrench.co.uk/garden/urgfaq/index.html









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Old 11-08-2003, 07:42 AM
Mich
 
Posts: n/a
Default Neighborus ignoramus and our hedge


"Essjay001" wrote in message
...
He is legally
entitled to be an a***hole if he wants to be.


So many a**holes in this world these days aren't there?

I moved house to get away from neighbours because of an a**hole neighbour
who was into gardening - but only on her terms.

I keep my hedges cut and have even been chastised here for daring to have a
bonfire. It seems whatever you do, someone is unhappy.

Well I am unhappy at the moment!

My "neighbour" a farmer , who lives some way away from me ( not even sure
which farm it is) has decided to wontonly role his big blue tractor over my
15 year old mature Hebe - he has totally trashed it.

Of course, he cant get up the little footpath/lane to his fields unless he
comes well over the corner of my drive. He especially has a problem when he
has an attachment on his front and a triple low loader 30ft) on his rear.
But to deliberately back up the lane and drive over my plant and to do it
several times is not an accident.

If he were to ask me to prune it , I would have ( not that it overhangs).
But he needs half my drive to turn into the lane.

I am not willing to give him my drive! I might (would) have accommodated
him had he not destroyed my garden. I can be very reasonable - even a
doormat to avoid arguments. But he has gone too far.

What next? Take the tail end off my car because he cant get up the lane?

Now theres a selfish neighbour and a complete a**hole!

And now I'm going to be one too. Why not?






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Old 11-08-2003, 09:13 AM
anton
 
Posts: n/a
Default Neighborus ignoramus and our hedge


Sally Thompson wrote in message ...

Two years ago we planted a mixed deciduous hedge to support the
wildlife: this included hawthorn, blackthorn, guelder rose, dog rose,
hazel and field maple, and has done amazingly well, reaching 8ft high
in parts and flowering and producing many berries for the birds. We
have been thrilled with its progress.

However, we have the misfortune to have acquired an extremely odd
neighbour who refuses to talk to anyone (especially us) and seems
obsessed with his privacy.


There are lots of problems that neighbours can create- I'd
suggest that 'not talking' is one of the most minor. You're
lucky.

He has now planted a leylandii hedge all
along the other side of this boundary. This in itself does not
particularly disturb us, since he is on our north side and it has
probably not occurred to him that it will be his own light which will
suffer, not ours. This man gives every appearance of not being a
gardener. However, we are upset that in planting the leylandii he has
(or has had) our own deciduous hedge cut back - probably beyond the
boundary, but it is difficult to prove that of course.


This is the crucial bit. He's entitled to cut anything back to
the boundary. If that's all he's done then there is no point
trying to assert your preferences in his garden.

If he's gone past the boundary then I don't understand why
it's difficult to prove it. The cut ends of the hedge should be visible and
a two-year old hedge shouldn't be impenetrable
for you to check it.

They have
removed growing tips of the wild roses and have also today cut off
some branches of an existing ash tree which was right on the boundary
- and thrown them over our side.



That suggests to me that the neighbour is well-informed as
to the law, and that he thinks that the tree is on your side of
the boundary.

We are sure that our hedge will recover (and hope his dies quickly!)
but is there anything we can do legally about what he has done to the
ash tree? I've looked on the hedgeline site but it doesn't really
help.



If it's on your side of the boundary then he's entitled to cut off
any branches which overhang his garden (presumably
those are the branches that he's cut off?). The branches
belong to you, and you have no right to dangle your property
over his garden. If the tree is on his side then he can do anything he
likes to it, unless there's a tree preservation order in place.
If the tree is exactly on the boundary i.e. shared, then he's
still entitled to cut off any branches which overhang his side,
though he should dispose of them himself.

Sorry to sound off, but you can all imagine how we feel!


Not quite. Your priority might be a wildlife-friendly hedge-
his seems to be privacy. You seem to be upset that he
hasn't allowed your hedge to encroach on his garden. If
he has trimmed the hedge back beyond the boundary, he's
a naughty boy, but his other actions merely suggest that
he wants his garden his way, not your way. I'd suggest
that you take advice from the CAB or somewhere as the legal
rights and wrongs before getting offended.

--
Anton


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Old 12-08-2003, 01:27 AM
Jim Paterson
 
Posts: n/a
Default Neighborus ignoramus and our hedge

Xref: kermit uk.rec.gardening:158939


"Sally Thompson" wrote in message
...

Two years ago we planted a mixed deciduous hedge to support the
wildlife: this included hawthorn, blackthorn, guelder rose, dog rose,
hazel and field maple, and has done amazingly well, reaching 8ft high
in parts and flowering and producing many berries for the birds. We
have been thrilled with its progress.

snip He has now planted a leylandii hedge all
along the other side of this boundary.


Why not think positive? Leylandii is a good nesting place for several
species of birds.




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Old 12-08-2003, 01:43 AM
Sally Thompson
 
Posts: n/a
Default Neighborus ignoramus and our hedge

On Sun, 10 Aug 2003 22:17:23 GMT,
(Sally Thompson) wrote:

big snip However, we are upset that in planting the leylandii he has
(or has had) our own deciduous hedge cut back - probably beyond the
boundary, but it is difficult to prove that of course. They have
removed growing tips of the wild roses and have also today cut off
some branches of an existing ash tree which was right on the boundary
- and thrown them over our side.


Thanks to all for your comments - it was really helpful to me to get
some other thoughts. Just so you don't think I'm ignoring them, here
are answers to some of your points (have rolled them all up in one
post, hope that's okay):

Re the Ash tree - do you know who owns the tree? (Chris French and Helen Johnson)


No - it was in existence when we bought the land, slap on the boundary
line. Since we own the boundary and the fence, I suppose we own the
ash tree.

T r Y and have a chat with the guy, just to see what his ideas are (Anne)


We have tried! Not a possibility I'm afraid.

You could go to his front door and invite him for coffee (Steve R)


Did that when they moved in, but suddenly there was a non-response
regime (not just to us).

There are lots of problems that neighbours can create- I'd suggest that 'not talking' is one of the most minor (Anton)


I agree. However, it is in our normal nature when turning the corner
of the house or coming out of the back door and finding ourselves
facing our neighbour to smile and say hallo. That meets the turned
back. We do now ignore him since that is what he appears to want, but
it isn't natural to us! I was really only stating this for
background, though - it isn't really the issue.

Ash is awfully tough - and so are wild roses. Cutting them back really won't do them any harm: in fact they will probably just come back stronger (Victoria Clare)


Yes, thank you for that Victoria. It's good to know, because I was a
bit concerned about the time of year it had been done. It isn't
really just the tree, of course - it's the way it was done that got to
us last night.

Odd for being quiet and shy? (Janet Baraclough)


I don't think that's how you would describe it if you knew the person
concerned. There are issues which I have not mentioned and which I
don't want to air in a public forum - and we really don't know and
are not qualified to judge the reasons. We have thought of all the
obvious ones, and are not without sympathy for people with particular
difficulties.

Why not think positive? Leylandii is a good nesting place for several species of birds (Jim Paterson)


Hmm - so is the original hedge! As I said, the leylandii hedge is not
really the issue - it was more the removal of quite a bit of ours to
plant it that we felt.

As a general point to you all, we do take on board that everyone has
the right to grow what they like in their own garden; we actually
think this hedge could be a good thing in some ways if that will make
him happy. We have enough land that if our own hedge suffers, we can
plant another row in front of it. We do not dispute that our hedge
was growing over the boundary and that they had the right to cut it
(although they have actually gone a bit over the boundary) but
originally they liked the hedge. I felt upset because this was the
first thing we had planted on the land, we had nurtured it and felt
huge pleasure in it, and it hurt that someone had taken the chop to
it! I'm sure as fellow gardeners you can imagine how we felt.

Anyway, we have decided to keep the peace and say nothing. In the
scheme of the world it really isn't very important. Thanks for
letting me let off steam though.


--
Sally in Shropshire, UK
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Old 12-08-2003, 01:44 AM
Sally Thompson
 
Posts: n/a
Default Neighborus ignoramus and our hedge

On Sun, 10 Aug 2003 22:17:23 GMT,
(Sally Thompson) wrote:

big snip However, we are upset that in planting the leylandii he has
(or has had) our own deciduous hedge cut back - probably beyond the
boundary, but it is difficult to prove that of course. They have
removed growing tips of the wild roses and have also today cut off
some branches of an existing ash tree which was right on the boundary
- and thrown them over our side.


Thanks to all for your comments - it was really helpful to me to get
some other thoughts. Just so you don't think I'm ignoring them, here
are answers to some of your points (have rolled them all up in one
post, hope that's okay):

Re the Ash tree - do you know who owns the tree? (Chris French and Helen Johnson)


No - it was in existence when we bought the land, slap on the boundary
line. Since we own the boundary and the fence, I suppose we own the
ash tree.

T r Y and have a chat with the guy, just to see what his ideas are (Anne)


We have tried! Not a possibility I'm afraid.

You could go to his front door and invite him for coffee (Steve R)


Did that when they moved in, but suddenly there was a non-response
regime (not just to us).

There are lots of problems that neighbours can create- I'd suggest that 'not talking' is one of the most minor (Anton)


I agree. However, it is in our normal nature when turning the corner
of the house or coming out of the back door and finding ourselves
facing our neighbour to smile and say hallo. That meets the turned
back. We do now ignore him since that is what he appears to want, but
it isn't natural to us! I was really only stating this for
background, though - it isn't really the issue.

Ash is awfully tough - and so are wild roses. Cutting them back really won't do them any harm: in fact they will probably just come back stronger (Victoria Clare)


Yes, thank you for that Victoria. It's good to know, because I was a
bit concerned about the time of year it had been done. It isn't
really just the tree, of course - it's the way it was done that got to
us last night.

Odd for being quiet and shy? (Janet Baraclough)


I don't think that's how you would describe it if you knew the person
concerned. There are issues which I have not mentioned and which I
don't want to air in a public forum - and we really don't know and
are not qualified to judge the reasons. We have thought of all the
obvious ones, and are not without sympathy for people with particular
difficulties.

Why not think positive? Leylandii is a good nesting place for several species of birds (Jim Paterson)


Hmm - so is the original hedge! As I said, the leylandii hedge is not
really the issue - it was more the removal of quite a bit of ours to
plant it that we felt.

As a general point to you all, we do take on board that everyone has
the right to grow what they like in their own garden; we actually
think this hedge could be a good thing in some ways if that will make
him happy. We have enough land that if our own hedge suffers, we can
plant another row in front of it. We do not dispute that our hedge
was growing over the boundary and that they had the right to cut it
(although they have actually gone a bit over the boundary) but
originally they liked the hedge. I felt upset because this was the
first thing we had planted on the land, we had nurtured it and felt
huge pleasure in it, and it hurt that someone had taken the chop to
it! I'm sure as fellow gardeners you can imagine how we felt.

Anyway, we have decided to keep the peace and say nothing. In the
scheme of the world it really isn't very important. Thanks for
letting me let off steam though.


--
Sally in Shropshire, UK
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Old 12-08-2003, 08:04 AM
martin
 
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Default Neighborus ignoramus and our hedge

On Mon, 11 Aug 2003 22:35:00 +0100, "Jim Paterson"
wrote:


"Sally Thompson" wrote in message
...

Two years ago we planted a mixed deciduous hedge to support the
wildlife: this included hawthorn, blackthorn, guelder rose, dog rose,
hazel and field maple, and has done amazingly well, reaching 8ft high
in parts and flowering and producing many berries for the birds. We
have been thrilled with its progress.

snip He has now planted a leylandii hedge all
along the other side of this boundary.


Why not think positive? Leylandii is a good nesting place for several
species of birds.


and today is the start of grouse shooting. Shoot the bugger.

--
Martin
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Old 12-08-2003, 04:43 PM
Sally Thompson
 
Posts: n/a
Default Neighborus ignoramus and our hedge

On Tue, 12 Aug 2003 09:00:41 +0200, martin wrote:

On Mon, 11 Aug 2003 22:35:00 +0100, "Jim Paterson"
wrote:


"Sally Thompson" wrote in message
...


snip He has now planted a leylandii hedge all
along the other side of this boundary.


Why not think positive? Leylandii is a good nesting place for several
species of birds.


and today is the start of grouse shooting. Shoot the bugger.



:-)

--
Sally in Shropshire, UK
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Old 12-08-2003, 04:43 PM
Gary Woods
 
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Default Neighborus ignoramus and our hedge

martin wrote:

and today is the start of grouse shooting.


Wished I'd known, not that I'm a hunter. I flushed a grouse almost
underneath my feet walking up a wooded trail from my pond. Now, THAT will
get the blood pumping!
In the Northeastern U.S., it's been so rainy for so long there's a move to
make mildew the New York state flower.
Not that I'm going to get any sympathy from the U.K.

Cheers!


Gary Woods AKA K2AHC- PGP key on request, or at www.albany.net/~gwoods
Zone 5/6 in upstate New York, 1200' elevation. NY WO G
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