Garden wall :legal Question

Funfair

The guy next door has an overgrown garden, practicly like a jungle, all his hedgeing over grows into my garden both back and front. He has a huge tree planted right next to the dividing back garden wall which is cracking the wall to the point that its starting to become dangerous.

Question : What right do I have legaly, to get him to cut back his hedging and remove the Tree or do I have any rights?

Thanks in advance

MagicSean

Funfair wrote: »

The guy next door has an overgrown garden, practicly like a jungle, all his hedgeing over grows into my garden both back and front. He has a huge tree planted right next to the dividing back garden wall which is cracking the wall to the point that its starting to become dangerous.

Question : What right do I have legaly, to get him to cut back his hedging and remove the Tree or do I have any rights?

Thanks in advance

You can cut back the hedging yourself as long as you return the clippings.

Funfair

Thanks K Mac, but this is the whole point of the question as that's what I'm doing every 3 months and I'm getting pee'd off having to do it.. like there his over grown exotic shrubs etc.. surly he should look after the clipping of them not me.

Don't get me wrong its not a few leaves coming over an inch it's like jungle in there lol

sfnch

simple suggestion but you may just ask him to look after his own plants. ultimately you own everything within the border of your property, up to the heavens and down to hell. if his "jungle" is causing a nuisance you may be entitled to seek an injunction. dont leave it go on for too long though as he gains rights of prescription after a number of years, 20 i think but its not my area.

Funfair

sfnch wrote: »

simple suggestion but you may just ask him to look after his own plants. ultimately you own everything within the border of your property, up to the heavens and down to hell. if his "jungle" is causing a nuisance you may be entitled to seek an injunction. dont leave it go on for too long though as he gains rights of prescription after a number of years, 20 i think but its not my area.

Thanks sfnch for that.. He's not the most approachable guy he's a grumpy old fella, the last time I asked him he told me he wasn't talking to me and to talk through solicitors.... so I said feck that and forgot about it. But I'm bored now with all this snow and decided Im going to take a stand this new year and put an end to this crap

Saruman

Pics?

Funfair

Saruman wrote: »

Pics?

I'll post em up tomorrow

Funfair

That's my house on the left

Saruman

Funfair wrote: »

That's my house on the left

Was waiting for that one

MagicSean

Funfair wrote: »

That's my house on the left

Does that not interfere with airline flight paths?

Andrew42

Funfair wrote: »

That's my house on the left

You're havin a laugh??? is this pic genuine?

Funfair

Andrew42 wrote: »

You're havin a laugh??? is this pic genuine?

Your right I was having a laugh my neighbour is not that bad... The picture is genuine though, aparently somewhere in the UK

Funfair

Ok here is the pictures of my neighbour, Remember these were taken today imagine what those plants are like in the spring/summer



That's my back garden with the shed..



From back bedroom window, you can see the tree causing my wall to crack




An idea of the Density




My cracked boundry wall



The front garden, that's my lawn below this bush, remember this is open plan no dividing wall at front, this is a regular city housing estate not some place in the Country

Andrew42

Firstly, identify the type of tree you suspect is cracking the wall, usually trees cause damage to walls/houses by sucking all the moisture out of the soil causing it to shrink and subside, if the tree turns out to be one known for causing structural damage you might have cause to take things further, yours doesn't look to bad to be honest, I'd also install a 2' high trellis on top of boundry wall and start training your neighbours plants tru it, see it as an asset rather than a negative.
Re the front garden, I would (in your position) install a concrete post/wooden panel type fence which would give your garden definition and make it much easier to control your neighbours plants.
To be brutally honest, I don't really think you've that much to complain about. You could have a lot worse living next door than a neighbour with green fingers;)

Funfair

Thanks for that Andrew42, It would be lovely living next door to someone with green fingers unlike this guy who plants whatever he buys into the first piece of space he finds in his garden and then leaves it take off and grow whatever way it wants and never cuts or prunes anything back. The wall is a lot worse then the picture shows the second last row of blocks is sitting about 2 inches out over the last row but although I took a photo of it you can’t see it in the photo so I didn’t post it up. Everyone in the estate comments on the state of his garden and asks why I put up with him, I usually responds with your line I could have worse beside me and laugh it off, but like I said earlier, this New year I plan on doing something about it.

Andrew42

I guess it's hard enough to tell from the pics how bad the trouble is, I'd definitely do the post and panel fence in the front though.