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Must I cut both sides of a boundary hedge.

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  • 15-11-2014 11:30pm
    #1
    Marian9
    Registered Users Posts: 28 ✭


    Sorry if this sounds like a joke. I swear it is not.
    In 1954, the Council built a row of houses with gardens were separated by posts and wires. In 1955, hedges were planted to embellish the boundaries.
    In 1964, the houses went for sell. I bought one. For the last 50 years I have been trimming the top (5 ft) and my side of the hedges.
    Yesterday I received an official letter from one of my neighbour's solicitor asking me to "show concern about the hedge encroaching his client property."
    I know this site is not suppose to give legal advice, however can anyone help?
    What should I do?
    What type of hedge would grow only on one side?
    If any, where to buy the seeds and how to plant them facing the right direction?
    Tagged:


«1

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    #2
    greasepalm
    Registered Users Posts: 5,284 ✭✭✭greasepalm


    i am on the other side of that hedge,trouble is your access can only trim your side and top which leaves with branches growing my side,you would need a ladder or extendable hedge trimmer to keep in check growth my side,the usual advise was to me was cut the overhanging bits and return it back or be charged with theft lol.
    one of those silly things that can go over the top as neighbours who dont talk and a simple note asking you to do something about it dropped in or did you get one?


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    #3
    thomur
    Banned (with Prison Access) Posts: 279 ✭✭thomur


    Why not ask your neighbour if you can go in and trim their side of the hedge. I do it for my house where my neighbour is an absentee landlord. She is only too happy about it. Was the hedge there before your neighbour moved in


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    #4
    Mrs OBumble
    Registered Users Posts: 25,823 ✭✭✭✭Mrs OBumble


    Marian9 wrote: »
    What should I do?


    Cut the other side, too.

    Realistically, if you purchased a house in 1964, then I'd guess you are aged 70+ now. I'm sure you can use your status as a poor old wan to convince the neighbour to cut their side themselves and/or to convince some community organisation to look after it for you.


    Is there a back-story here? When did you last speak to the neighbour?


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    #5
    ianobrien
    Registered Users Posts: 2,756 ✭✭✭ianobrien


    OP, where exactly are the plants set in relation to the boundary? If they are exactly on the the boundary, then they are owned both by both sides. If they are on your side of the boundary (even by a few inches) then they are yours to do with as you feel (you can remove them if you want). If they are on the neighbour's side (even by a few inches) then they are not yours. In that case, you are going all you can at the moment (but don't forget to return the cuttings as they are not from "your" hedge).

    If they are on your side I'd talk to somebody who can advise you for definite on what to say as they are still a boundary hedge. As they have gone down the legal route I'd be wary of going over and cutting their side without their permission, written preferably.

    Speaking from past experience of neighbours disliking our hedges, if the hedge is on your side the neighbour can cut away up to the boundary, but can not reach over to reduce the height. There are maximum heights for hedges especially in relation to distances from houses/buildings and windows.


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    #6
    murphaph
    Registered Users Posts: 19,018 ✭✭✭✭murphaph


    The simple answer is no, you don't. Should you? Well...that can't be answered by random strangers because we don't know the back story. It appears however that neighbourly relations are poor.


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    #7
    greasepalm
    Registered Users Posts: 5,284 ✭✭✭greasepalm


    "show concern about the hedge encroaching his client property."

    to me they want something done about it and to do is cut/trim ??


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    #8
    shenanagans
    Registered Users Posts: 896 ✭✭✭shenanagans


    your hedge, your responsibility! just cut the other side and have some consideration for your neighbour.


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    #9
    Ray Palmer
    Registered Users Posts: 8,368 ✭✭✭Ray Palmer


    They are allowed cut it but have to offer the cuttings back. A lawyer will send out a letter on request even when they know there is no case or legal standing. Tell them the can cut back if the want but you are not obliged to cut it on their property.


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    #10
    January
    Closed Accounts Posts: 23,865 ✭✭✭✭January


    Get someone to cut it.

    We have a neighbour who has bushes on his side the grow over our side and he always cuts them for us. There was never any question. He knocked in one day to ask could he do it after we moved in and has done it ever since.


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    #11
    the_syco
    Registered Users Posts: 37,297 ✭✭✭✭the_syco


    shenanagans wrote: »
    your hedge, your responsibility! just cut the other side and have some consideration for your neighbour.
    Actually, the OP doesn't say it's their hedge, just that it's a boundary hedge, planted by the Council.

    OP, would you prefer a fence of the hedge there, and has anyone nearby gotten rid of their hedge?


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    #12
    Marian9
    Registered Users Posts: 28 ✭Marian9


    thomur wrote: »
    Why not ask your neighbour if you can go in and trim their side of the hedge. I do it for my house where my neighbour is an absentee landlord. She is only too happy about it. Was the hedge there before your neighbour moved in

    The hedge was set at least 10 years before they moved in.


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    #13
    Mrs OBumble
    Registered Users Posts: 25,823 ✭✭✭✭Mrs OBumble


    Marian9 wrote: »
    The hedge was set at least 10 years before they moved in.

    So why aren't you just cutting it then!

    And my earlier question stands: when did you last speak to the neighbour?


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    #14
    loyatemu
    Registered Users Posts: 14,859 ✭✭✭✭loyatemu


    Mrs OBumble wrote: »
    So why aren't you just cutting it then!

    the hedge is on the boundary and was planted by the developer (the council in this case)

    I'd interpret that as each neighbour being responsible for their own side.


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    #15
    cpoh1
    Registered Users Posts: 1,604 ✭✭✭cpoh1


    Lads before we shoot the original poster here a bit of common sense.

    If there is a hedge on a boundary between houses each side looks after their own. Thats how it works in most functioning societies. If I got a solicitors letter from my neighbour over something like this, id laugh my hole off.


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    #16
    GerardKeating
    Registered Users Posts: 7,568 ✭✭✭GerardKeating


    Ray Palmer wrote: »
    They are allowed cut it but have to offer the cuttings back. A lawyer will send out a letter on request even when they know there is no case or legal standing. Tell them the can cut back if the want but you are not obliged to cut it on their property.

    but would cutting it on the neighbours side note require the OP to trespass on the neighbours property.

    Perhaps a letter in reply, requesting permission to trespass?


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    #17
    Kettleson
    Closed Accounts Posts: 2,047 ✭✭✭Kettleson


    All that the Solicitor said was "show concern"?. Sounds like you've got a difficult neighbour, or have you have already had some sort of unsuccessful, unneighbourly communications (a "falling out") with your neighbour with regards to the hedge or any other matter?

    As the hedge may have been planted by the Council, the ownership might well be argued to be the responsibility of both parties? Have you disputed this with your neighbour at any stage? So still wondering why the neighbour deemed it necessary to go legal on you? Or is the neighbour, in your opinion, just being unreasonable?

    Who has been cutting the "other side" of the hedge for the last 50 years?

    Anyways in that circumstance of arguing the case that it's joint responsibility, you might wish to put that question in your letter of response to the Solicitor when asking for permission to access to cut the hedge. Asking for them to advise on that "if they would be so kind".

    It's not a road I would go down. I would just get the hedge cut. Life is too short for petty arguments to escalate into war.

    Anyways. I'd suggest you reply to the Solicitor, asking permission to access the property to cut the hedge. Might be best to get someone else, reliable and competent to cut the hedge for you.

    Otherwise the neighbour might arrange for the hedge to be cut and send the bill to you.

    Seems an extreme way to communicate about a hedge that needs cutting.


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    #18
    murphaph
    Registered Users Posts: 19,018 ✭✭✭✭murphaph


    Kettleson wrote: »
    It's not a road I would go down. I would just get the hedge cut. Life is too short for petty arguments to escalate into war.
    Hang on...the neighbours moved in when the hedge had already been there at least a decade according to the OP. It wasn't foisted upon them afterwards. These people have been neighbours for 30 or 40 years...there's a serious problem with their relationship if solicitors' letters are flying around.

    There's obviously more to all this than just this hedge, but we don't know if the neighbour deserves to have their side of the hedge trimmed for them (it is not required by law...neighbour is responsible for trimming overhanging branches themselves if they so wish, no matter what side of the boundary the hedge was originally planted on).

    This is not a legal matter. the legalities in these cases are clear cut. the neighbour is responsible for trimming their side. It's one of neighbourly relations and we don't know if the OP, or the neighbour or either or both are stubborn, ignorant etc. It's really just up to the OP and her neighbour to come to a compromise...or not, but saying, without knowing any of the parties involved "you should trim the hedge" is not right.


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    #19
    Kettleson
    Closed Accounts Posts: 2,047 ✭✭✭Kettleson


    I know what you are saying, but it some situations it might be best to take it on the chin and get on with it.

    I personally wouldn't be bullied into having to take action, but on several occasions over the years, I've taken neighbourly responsibility for jobs that were essentially not mine on my own, but for any easy life I just got on with it.

    I'm not arguing with anyone, I'm just giving my opinion.


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    #20
    Mrs OBumble
    Registered Users Posts: 25,823 ✭✭✭✭Mrs OBumble


    loyatemu wrote: »
    the hedge is on the boundary and was planted by the developer (the council in this case)

    Ahh, I'm not sure if we know that. Did councils really do landscaping in the 1950s?

    Quite possibly the OP was living in the house before purchasing it,, but only started taking proper responsibility for the place when they were owners.


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    #21
    Matteroffact
    Registered Users Posts: 457 ✭✭Matteroffact


    It's all very well telling the OP to just cut the other side of the hedge but has anyone here ever tried cutting a hedge??? It is hard work, plus the OP has to be an OAP. So why should she have to cut the side of a hedge that is not her responsibility. Also, people saying just pay to have it cut mustn't realise that you have to pay someone to do that and this also puts extra expense on the OP.

    Not sure why this neighbour feels that the hedge belongs to the OP. Is there some straight cut reason why they would think that ? Are there not dividing hedges on all of those houses and what is the story with the rest of them ?


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    #22
    Kettleson
    Closed Accounts Posts: 2,047 ✭✭✭Kettleson


    OK so, OP, just respond in writing to the solicitor asking them to clarify why they consider it your sole responsibility to cut both sides of the fence.


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    #23
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    Kettleson wrote: »
    OK so, OP, just respond in writing to the solicitor asking them to clarify why they consider it your sole responsibility to cut both sides of the fence.

    +1 (but I go talk to the neighbour).

    Not clear if the hedge is on the OP side. Or on the boundary.


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    #24
    Paulownia
    Registered Users Posts: 590 ✭✭✭Paulownia


    maybe the neighbour has a son who is a solicitor and bangs out letters for free. If not, and there has been no discussion the neighbour has more money than sense. It would cost a lot less to pay a guy to cut the hedge than involve the legal trade. Write back to the solicitor asking if you own the hedge and therefore own the land it is planted on. If the reply is yes you need to cut the hedge. I think it unlikely the council planted it, it is more likely on or other house did, the council may have put a fence of some kind which has disappeared.


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    #25
    cruizer101
    Registered Users Posts: 3,205 ✭✭✭cruizer101


    Mrs OBumble wrote: »
    Cut the other side, too.
    Mrs OBumble wrote: »
    So why aren't you just cutting it then!

    And my earlier question stands: when did you last speak to the neighbour?

    Why are you so adamant the OP should cut the hedge, just because you think the council didn't plant hedges in the 50's.

    The OP stated the hedge is on the boundary, if that is the case and we have to assume it is, they have no responsibility to cut the other side.
    Mrs OBumble wrote: »
    Ahh, I'm not sure if we know that. Did councils really do landscaping in the 1950s?

    Quite possibly the OP was living in the house before purchasing it,, but only started taking proper responsibility for the place when they were owners.

    Only started taking responsibility when they were owners, whatever about your previous assumptions, that one really takes the biscuit.

    OP you really need to talk to your neighbour something like this going to solicitors is crazy. Did the previous neighbour used to cut the hedge.


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    #26
    Paulownia
    Registered Users Posts: 590 ✭✭✭Paulownia


    I love these hedge stories! Sort of urban J B Keane stuff


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    #27
    greenbicycle
    Registered Users Posts: 622 ✭✭✭greenbicycle


    Have you ever spoken to this neighbour? What is wrong that they didnt just call into you instead of getting a solicitor to write a letter? There has to be more to this than a bush growing into their garden that they couldnt just knock on your door?

    Our neighbours bushes grow over into our garden, we just cut them ourselves and dispose of the clippings ourselves, never thought of giving them back to the neighbour or even knocking into them for them to cut the bushes themselves.

    Our neighbour behind is funny though, our back gardens are divided by the back of a shed and a bush (the shed only covers half of the back boundary) a few months after we had bought our house and moved in I came home to find a man in my backgarden, it was our neighbour behind who had climbed through the bush to cut it on our side! despite being a little surprised, I went out to him had a friendly chat and he has been doing the same thing every since! He had the same agreement with the previous owner and never thought twice about coming into the garden despite us new owners moving in!


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    #28
    Kettleson
    Closed Accounts Posts: 2,047 ✭✭✭Kettleson


    There has to be a bit of give and take in a neighbour situation. But some folk can be totally and irrationally unreasonable. Until the OP makes further comment, we won't really know what is truly going on. But its looking "a bit odd" shall we say.


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    #29
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    greenbicycle wrote: »
    ...Our neighbours bushes grow over into our garden, we just cut them ourselves and dispose of the clippings ourselves, never thought of giving them back to the neighbour or even knocking into them for them to cut the bushes themselves....

    Depends how much there, how long you have to spend in time and money doing it yourself. If the growth is damaging things like walls, fences. Or of the person is unable, old, disability etc.


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    #30
    who_me
    Registered Users Posts: 3,669 ✭✭✭who_me


    It could be more troublesome if the neighbour didn't want the hedge there in the first place. Some people don't, preferring a fence which takes up far less room. In that scenario, the neighbour would be unlikely to accept they have to maintain a hedge that they didn't want.


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    #31
    Marian9
    Registered Users Posts: 28 ✭Marian9


    Thanks for all your comments.
    My neighbours are not what you would call "friendly or talking type".
    The hedge is so old, it now has roots and stems on both sides of the boundary.
    Who ever planted all the hedges, in 1955, is now dead and if they were planted on one side only, he failed to record on what side he did it.
    I hope this site is not visible from other countries. I don't want to amuse the rest of world.


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