Chip

What is the law regarding the cutting down of these trees. My neighbour has a 3.0m high hedge at the rear of her house that the person over the rear of her wants to cut. The house behind is at a much higher elevation than hers hence the 3m height which is to give her some privacy.

When houses at rear were built they were supposed to maintain a 2.5 m hedge in their own gardens as part of the planning permission. They ripped this hedge out of their own gardens when they moved in as did the people at the rear of me.

Anyway my neighbour wants to keep her well groomed hedge as it stands but this cow over the back says shes going to cut it down when shes not there.

Where does she stand on this. Want to help her as shes on her own and worried about it.

Chip

SiDHEaD

I thought she can only cut it where it overhangs her boundry.

Chip

It is totally within her boundary.

Chip.

boxst

Hello

Within who’s boundary? If it's the person who is going to cut down the hedge, then all you can do is complain to the council. If it is in the other person’s garden, then the woman will be committing trespass plus wilful damage to property if she attempts to enter the garden and cut down the hedge.

Steve.

Chip

Hello
Within my neighbours boundary.

Chip.

NotoriousREV

Lleylandii should be bloody made illegal, horrible things. Personally I'd let my irate neighbour cut them down, claim the compensation due and then sit back smug in the knowledge that someone paid me to remove the blight from my garden.

Chip

Rev,
I thank you for your most informative and helpful reply.

Chip.

Chrisgr31

The law on this is changing soon, if it hasn't already. She needs to speak to her local authority to find out what they say.

However if the house at the back is higher I suspect there is nothing wrong with a 3m hedge, although I personally hate Leylandi.

Why do the neighbours want them down? Is there a nice view that they are blocking?

Chip

Yes, A very nice view in fact, all over the city right across the channel to Somerset. But when they built the houses over the rear of us it was part of the planning permission that they maintain a 2.5m hedge to give us on the lower level some privacy. These people ripped out their hedge on moving in so I have no sympathy with them as to the loss of their view which ynder the original planning they would not have had anyway.

Chip.

vindaloo

IMO the problem isn't your neighbour's hedge, it's the new lots' attitude. If the deeds for their house state they MUST maintain a 2.5 metre high boundary, then potentially, they're already in the crap.

If they then commit trespass and cut down your neighbours trees, may I suggest that you and the other neighbours conspire to capture the deed on camera!

J.

Chrisgr31

By the way was the 2.5m hedge just a planning requirement? If it was then I think that once it has been in place, and signed off by the Council it can be removed

If it is a legal agreememnt on the deeds then further investigative work needs to be undertaken to see who if anyone can take action about its removal.

Depending on the lie of the land and the exent of loss of privay I would seek to come to a comprimise, which allows those at the top some view, whilst allowing those at the bottom their privacy. Apart from anything else when selling a house these days you have to tell the purchasers about disuptes with neighbours, and any potential dispute could put a purchaser off.

I can see that those at the top shouldn't have a view, but if one is available it is not a suprise they are taking action to enable them to see it, I suspect most people would! Comprimise is bound to work best, but other than that investigate the legal position.

Check what their Deeds say, which might be possible via the Land Registry these days, and speak to the planning department at the local council. Could also try CAB, but I don;t recommend a long drawn out dispute!

Diesel

Didnt know you were 'posh' Chip - Penarth is it?

Chip

Diesel,
Oh no my good man. The leafy northern suburbs of Cardiff is wehere I preside.

Chip.