Must I cut both sides of a boundary hedge.

greenbicycle

So if it is a hedge that is growing on the boundary i would consider it the responsibility of both houses. Although i suppose you would want to be a bit careful here because you have the opportunity to claim it as your hedge right now if you say it is also theirs does that give them the freedom to cut it down if they wish? Not sure what happens there. Pity you have unfriendly neighbours, it can make life awkward.

Also, yes this website is open for all the world to see but dont worry i dont think too many would bat an eyelid at this thread there are far more controversial pages to be laughing at!

murphaph

Marian9 wrote: »

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 would have thought in a typical council house (semi detached or terrace) it's easy to work out the boundary with a measuring tape. It doesn't actually matter anyway legally, unless the trunks are completely on your neighbour's side (which I think it's safe to say they aren't).

So, you don't get on with the neighbours and have no desire to...then it's easy...don't waste your time even responding to a solicitor's letter that contains nothing more than a request. If my neighbour, whom I wasn't on good terms with sent me a solicitor's letter rather than asking me directly I'd be very much disinclined to acquiesce to his request.

Somebody mentioned cutting right back to boundary line and stated as a fact that the hedge would shoot new foliage next spring. That very much depends on the type of hedge. The classic neighbour-war-starting Leylandii will not grow from wood. If you cut that back beyond the existing foliage, you will have twigs forever more. That's why it's extremely important to trim that type of hedge at least once a year, preferably twice.

ianobrien

Marian9 wrote: »

....it now has roots and stems on both sides of the boundary.
......

I'm quoting the relevant section of your post. As the stems are on both sides of the hedge, the hedge is owned by both parties and it is up to both sides to maintain it. You are maintaining your side and it is the responsibility of the other side to maintain their side. If they persist in sending letters I'd reply back in writing that it is a boundary hedge located on the boundary and thus the portion that is the individual properties is the responsibility of the owner of that property for maintenance etc. If you are brave, you can also point out that you have no problem with the hedge and that if they want to remove it they can as long as they erect a replacement fence on the boundary.

Also, if they get a notion of removing the hedge they'll have to consult you as the portion from the boundary into your property is yours. Usually what happens is that both sides agree to remove and both sides pay for the replacement fence but I think this won't happen here.....

thomur

Kettleson wrote: »

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.

Agreed, that's why Tidy Towns committees, beach patrols, coast watch etc exist. Some people just want to do the best for their area. Not saying the OP's case is incorrect, but solicitors letters and trespass law etc. Mountain out of a molehill in my opinion

OP I feel your pain re hedging.
And I am slightly amused at the various comments about talking to the neighboor first etc
I have a femaie neighbor from hell, a woman probably late 50's who is angry with everything and everybody. She has fallen out with every single person on the road bar one, who is just as much an insufferable snob as she.

My neighbor has a hedge all her own side. Its an awful thing, we trim our side but not the top as its all over her side of the boundary. But she gets her gardener to cut the top but leaves a couple of inches uncut over towards us (even though its still on her side of the old iron boundary fence)

It is very high and when we first moved in we asked her politely if she would consider cutting it down a bit. Now out of pure spite she has let it get taller and taller.

So, talking to neighbors is not always the way to go as frankly some people are just plain unpleasant and really should be living on a desert island all by themselves.

Kettleson

How did you get on OP? Resolved?

K.Flyer

O.P. If the hedge is right on the border as you say then just cut your own side, cut the top if you wish, take care that none of the cuttings land in their garden because you might get done for littering and let them look after their own side.

Kettleson

For a nosey basterd like ME, this is one of the unfortunate aspects of Boards.

It's like watching a TV soap series only to miss the final episode. Ah well, the price we pay.

Marian9

Well, no one seem to know the answer. There might not be any or was in those pages lost in translation between Irish and English in the early days of the Republic. Just another typical every day situation with no clue about what is right or not. Thank you all for your comments. I will now offer to take away all stems located on my side with all hedge attached to them. I expect not to be responsible for what grows from stems located on the other side.

berger89

same issues with neighbour here.

just cut the trees that are at your side of the boundary wall. if its a council house, then the council own the fence. whats at your side is yours, whats over the neighbours side is the neighbours

Kettleson

Marian9 wrote: »

Well, no one seem to know the answer. There might not be any or was in those pages lost in translation between Irish and English in the early days of the Republic. Just another typical every day situation with no clue about what is right or not. Thank you all for your comments. I will now offer to take away all stems located on my side with all hedge attached to them. I expect not to be responsible for what grows from stems located on the other side.

I was interested in the story behind the Solicitors letter and how that what responded to, if at all.

From the above post it does seem as if you did get an answer.

Markcheese

I think I'd reply (in writing ) to the solicitors letter with a couple of simple question . When and if a reply comes. I'd wait another couple of weeks and write another questioning letter - if the solicitor replies it's a couple of hundred a time to your neighbour - if they don't reply great, keep trimming your hedge as before -

Kettleson

@Marian9. It would seem that your thread in Legal Discussion "Who Should I Sue?" was part of the bigger picture.


http://www.boards.ie/search/submit/?user=557312&threads=1&sort=newest&date_to=&date_from=&query=%2A%3A%2A&forum=633

padser

Kettleson wrote: »

@Marian9. It would seem that your thread in Legal Discussion "Who Should I Sue?" was part of the bigger picture.


http://www.boards.ie/search/submit/?user=557312&threads=1&sort=newest&date_to=&date_from=&query=%2A%3A%2A&forum=633

Always good to get the backstory!

To summarise, the op had a problem with his original map of his property which put part of his property (his front garden, likely where this hedge is located) into his neighbours land (as per maps at the land registry). The neighbour refused to sign a rectification about 7 months ago, it's unclear where this ended but likely explains what's going on here.

I'm curious OP, given your posting here, it looks like you never engaged a solicitor (you wanted to avoid the cost if I remember correctly). Did you get the rectification sorted?

Spanish Eyes

God in these intractable disputes I would nearly consider sabotage to get rid of the damn thing.

Just up the road from me is a garden with twenty or thirty foot fir trees. on either side of yer man's garden. It blocks the light from the neighbour on the left, and must make his own garden dark too.

I just don't know what I would do if mediation/discussion did not solve the problem. < Mod Snip >

Bet I'll get a five day ban for advocating this, but those who cause endless problems for their neighbours by not engaging, and not understanding the impact are just as bad.

The_Morrigan

Spanish Eyes wrote: »

God in these intractable disputes I would nearly consider sabotage to get rid of the damn thing.

Just up the road from me is a garden with twenty or thirty foot fir trees. on either side of yer man's garden. It blocks the light from the neighbour on the left, and must make his own garden dark too.

I just don't know what I would do if mediation/discussion did not solve the problem.<Mod Snip>

Bet I'll get a five day ban for advocating this, but those who cause endless problems for their neighbours by not engaging, and not understanding the impact are just as bad.

If you know that you're breaching the charter, don't you think it's best not to post?

Seriously, a bit of common sense wouldn't go astray here now.

/Mod