Trees removed without my permission.

brightspark

Also consider suing the contractor (if one was involved) for the cost of re-instatement.

10pennymixup

Redchick wrote: »

No we don't know anyone.... On the other hand, he's quite well connected in the locality. Just hope my allegation of criminal damage doesn't come back on me. Feel sick with worry now that he's gonna somehow turn this back on me in some manner.

That's what people like him rely on, you being worried that it might come back on you in the locality.

You might be surprised how many people/ neighbours will side with you.

Well done by the way.

runawaybishop

Redchick wrote: »

Small update...

NPWS had a look, can't procesute under the wildlife act as even though it's native trees/hedges it is considered to be a cultivated hedge. The ranger said that even though he's enraged and sickened over it nothing can be done by them.

Had a TD look at my land folio and it seems that our property actually encompassed the full area of vegetation so I've been advised to report it as criminal damage and trespass. Also been onto solicitor.

All of this could have been avoided by him not being an ignorant so n so��

Ensure its your land first before you go making any reports, and don't make any allegations to anyone until you know it's your land for certain. Not sure a TD is the best person to advise you here tbh, you need proper advice

Zardoz

Redchick wrote: »

Had a TD look at my land folio and it seems that our property actually encompassed the full area of vegetation so I've been advised to report it as criminal damage and trespass. Also been onto solicitor.

Not sure would I go down the legal route yet, its best avoided if possible.

The only winners would be the parasite solicitors who get rich while you have to deal with living beside a disgruntled neighbour.
Diplomacy is often the better part of valour.

Redchick

Zardoz wrote: »

Not sure would I go down the legal route yet, its best avoided if possible.

The only winners would be the parasite solicitors who get rich while you have to deal with living beside a disgruntled neighbour.
Diplomacy is often the better part of valour.

I hear you, was a bit hesitant to be honest. Have a call with solr for advice on Monday.

Once his wall is built I'll never have to see him again. So lucky with our neighbours each side, coming across someone like this lad makes one very grateful for them!

Redchick

runawaybishop wrote: »

Ensure its your land first before you go making any reports, and don't make any allegations to anyone until you know it's your land for certain. Not sure a TD is the best person to advise you here tbh, you need proper advice

I get you. But I've a copy of the land registry site map. To be honest I don't care about extra land, we've already plenty, it was the pure arrogance and lack of environmental awareness, care and respect that's really upset me.

Fighting Tao

Redchick wrote: »

I get you. But I've a copy of the land registry site map. To be honest I don't care about extra land, we've already plenty, it was the pure arrogance and lack of environmental awareness, care and respect that's really upset me.

The extra land will be very important if you ever go to sell.

Varik

Redchick wrote: »

I get you. But I've a copy of the land registry site map. To be honest I don't care about extra land, we've already plenty, it was the pure arrogance and lack of environmental awareness, care and respect that's really upset me.

The land registry maps go by the OSI which are physical feature based and highly inaccurate for the purpose of boundaries. Dependant on the area they can be between ±0.6m and ±1.2m out for the majority but up to ±2.5m in some case with 0.1% being a full ±5m out in a few rural areas. It's only a general outline of the boundary.

You'd need a chartered surveyor.

Redchick

Varik wrote: »

The land registry maps go by the OSI which are physical feature based and highly inaccurate for the purpose of boundaries. Dependant on the area they can be between ±0.6m and ±1.2m out for the majority but up to ±2.5m in some case with 0.1% being a full ±5m out in a few rural areas. It's only a general outline of the boundary.

You'd need a chartered surveyor.

Thanks for that. I'll know more once I speak to solr. I wasn't 100% sure of the land registry to be honest. That's why I'm uneasy.

standardg60

Redchick wrote: »

The planning permission was for a 2m high wall with capping and a garage beyond it. The wall was separate to the garage.

There were two fences with the hedging inbetween - the hedging was the legal boundary according to land registry and the pre-existing wire border.

Diggers etc went onto his land yesterday while we were at work and tore down all trees/hedges right up to our fence but across the boundary line. Not sure if I'm explaining it properly. I will try take pictures but everything is more or less gone.

I think that answers all the questions.

I would be very wary about where the new boundary wall is built. It's quite possible that they intend to build the garage wall in line with the existing pillar, with the boundary wall beyond that, looks like a possible land grab to me.

Zardoz

Redchick wrote: »

I hear you, was a bit hesitant to be honest. Have a call with solr for advise on Monday.

Once his wall is built I'll never have to see him again. So lucky with our neighbours each side, coming across someone like this lad makes one very grateful for them!

Oh he is at the back of your garden I forgot, not the side.
In that case I'd probably give him a good bollicking and mention the possibility of suing him.

I actually had a next door neighbour pull a similar stunt a few years back on a second property I had.
He decided to remove the railing between our houses and replace it with a horrible looking concrete block wall.
Cheeky maggot actually chipped away part of the cornice around my house to get the wall flush with it and he dumped all the waste material into my garden.
He actually had the audacity to ask me to pay for half the wall, some knob.
I wasnt long telling him where to go, I threw all the stuff onto his drive and removed the capping off the wall.

4Ad

Zardoz wrote: »

Oh he is at the back of your garden I forgot, not the side.
In that case I'd probably give him a good bollicking and mention the possibility of suing him.

I actually had a next door neighbour pull a similar stunt a few years back on a second property I had.
He decided to remove the railing between our houses and replace it with a horrible looking concrete block wall.
Cheeky maggot actually chipped away part of the cornice around my house to get the wall flush with it and he dumped all the waste material into my garden.
He actually had the audacity to ask me to pay for half the wall, some knob.
I wasnt long telling him where to go, I threw all the stuff onto his drive and removed the capping off the wall.

So he actually damaged your property ?? FFS.

Redchick

Zardoz wrote: »

Oh he is at the back of your garden I forgot, not the side.
In that case I'd probably give him a good bollicking and mention the possibility of suing him.

I actually had a next door neighbour pull a similar stunt a few years back on a second property I had.
He decided to remove the railing between our houses and replace it with a horrible looking concrete block wall.
Cheeky maggot actually chipped away part of the cornice around my house to get the wall flush with it and he dumped all the waste material into my garden.
He actually had the audacity to ask me to pay for half the wall, some knob.
I wasnt long telling him where to go, I threw all the stuff onto his drive and removed the capping off the wall.

The extent of utter disrespect is astounding. Its like some people thrive off conflict and general all round dickiness ��

Zardoz

4Ad wrote: »

So he actually damaged your property ?? FFS.

Yes.
Technically he built the wall on my property. The complete width of it is flush with my house.
Its only a few inches wide though.

I was going to sue him but the solicitor told me that the wall actually increased the value of my house.
Its the end house in a terrace and I knew that I needed access to his place to erect scaffolding to repair the roof so didn't want to fall out with him.

beggars_bush

Shouldn't this be in the legal discussion forum?

embraer170

Disputes with neighbours are really the most sickening things. They must be right up there right alongside divorce and moving house in terms of potential sources of serious stress. I have one neighbour who likes to block our driveway, and the number of arguments that has caused is ridiculous.

Redchick wrote: »

Small update...

NPWS had a look, can't procesute under the wildlife act as even though it's native trees/hedges it is considered to be a cultivated hedge. The ranger said that even though he's enraged and sickened over it nothing can be done by them.

Had a TD look at my land folio and it seems that our property actually encompassed the full area of vegetation so I've been advised to report it as criminal damage and trespass. Also been onto solicitor.

All of this could have been avoided by him not being an ignorant so n so��

I have had a few dealings with the NPWS and have not found them to be particularly helpful. I would love to know the difference between native/natural hedge and cultivated one, and what policy/regulations they get these definitions out. Surely the material must be public somewhere.

maestroamado

Redchick wrote: »

Small update...

NPWS had a look, can't procesute under the wildlife act as even though it's native trees/hedges it is considered to be a cultivated hedge. The ranger said that even though he's enraged and sickened over it nothing can be done by them.

Had a TD look at my land folio and it seems that our property actually encompassed the full area of vegetation so I've been advised to report it as criminal damage and trespass. Also been onto solicitor.

All of this could have been avoided by him not being an ignorant so n so��

Do you mind if i ask, was there a conversation about this hedge before?
How long is the other house there? the pier at back looks pretty recent...

Was it ever mentioned with neighboor about cultivating it to what is often mentioned in planning that the hedge be cultivated...


You may indeed get some compensation from the courts but the solicitor will be the big winner.
Thinking from your neighbors viewpoint, i think he is entitled to have a cultivated hedge between the two properties, it is rarely if ever i have seen what was in your pic, i am assuming that the hedge continued to the entrance. Also the location of the houses in relation to this wild hedge would be taken into consideration.
What is the distance from both houses from this hedge?

Personally i would not like to have a hedge like that at the side of my house.
Sorry as some of that not what you want to hear but that's what i see...


good luck

Teyla Emmagan

That's absolutely shocking, what an ignorant pig you have as a neighbour. I would be absolutely broken hearted as well OP, some people are beyond belief. I would be furious over the destruction of a habitat. Hard to believe how selfish people can be.

Redchick

maestroamado wrote: »

Do you mind if i ask, was there a conversation about this hedge before?
How long is the other house there? the pier at back looks pretty recent...

Was it ever mentioned with neighboor about cultivating it to what is often mentioned in planning that the hedge be cultivated...


You may indeed get some compensation from the courts but the solicitor will be the big winner.
Thinking from your neighbors viewpoint, i think he is entitled to have a cultivated hedge between the two properties, it is rarely if ever i have seen what was in your pic, i am assuming that the hedge continued to the entrance. Also the location of the houses in relation to this wild hedge would be taken into consideration.
What is the distance from both houses from this hedge?

Personally i would not like to have a hedge like that at the side of my house.
Sorry as some of that not what you want to hear but that's what i see...


good luck

No conversation about the hedge previously. It was a wild unmaintained hedge. It's at the back of both properties not the side and does not go to anyone's entrance, not sure why you thought that.

I don't want to go next nor near a court, nor do I want any monetary compensation, again not sure where you picked that up from. I do however think he should replant mature trees.

All opinions are welcome though so thanks for taking the time to comment.

99nsr125

Redchick wrote: »

They've pulled out the wire so you can't see it anymore. That's only a small part of what was the hedge, you can see the pre-existing wall on they're side and that's the end of their site.

They've done this on purpose not by accident

A level of ignorance seen only in Ireland.

Planning permission usually states as a condition native planting. It won't reinstate the lost trees but might mitigate their loss.

Your choices are
Ask them to replant
Report them
Take legal action against them

Your most likely outcome is replanting.

wildwillow

The very least you could expect is to have the original wire fence reinstated, especially if it was the acknowledged boundary.

We built a low wall at the back of a property many years ago, leaving the existing hedge on the boundary untouched.

The neighbour then removed the hedge and the existing boundary wire, hidden in the hedge.

He cultivated his lawn up to the wall, taking in about 1.5 meters of our ground.

We put a post and rail fence on the exact boundary, taking care not to trespass, and replanted a hedge between it and the low wall.

Hedge didnt thrive and we caught him sprinkling salt on the roots.

We sold soon afterwards and the new owners have recently renewed the post and rail fence.

It was important to have the boundary correct for the sale.

Discodog

A friend of mine selling their house had to get a surveyor in to confirm & certify that the boundaries were correct.

maestroamado

Discodog wrote: »

A friend of mine selling their house had to get a surveyor in to confirm & certify that the boundaries were correct.

Why was that... the land registry map is a legal document...

maestroamado

Redchick wrote: »

No conversation about the hedge previously. It was a wild unmaintained hedge. It's at the back of both properties not the side and does not go to anyone's entrance, not sure why you thought that.

I don't want to go next nor near a court, nor do I want any monetary compensation, again not sure where you picked that up from. I do however think he should replant mature trees.

All opinions are welcome though so thanks for taking the time to comment.

When i seen the pic i assumed your houses were side by side bit it now seems the hedge at the back of both houses.
If this is the case he is a real effer...

wildwillow

maestroamado wrote: »

Why was that... the land registry map is a legal document...

I also had my boundaries surveyed when I sold two years ago. Purchaser insisted. Also enquired if there was any dispute with neighbours about boundary.

Better to check everything is correct when you buy as then it's easier to sell at a later date.

Solicitors are much more careful since the last crash and insist everything is done correctly.

maestroamado

wildwillow wrote: »

I also had my boundaries surveyed when I sold two years ago. Purchaser insisted. Also enquired if there was any dispute with neighbours about boundary.

Better to check everything is correct when you buy as then it's easier to sell at a later date.

Solicitors are much more careful since the last crash and insist everything is done correctly.

If he insisted they need to pay for same, land registry is legal document.
i am thinking this been encouraged by solicitors as another way of squeezing fees from the client.

For me its dodgy unless there is a dispute or maybe old title...

looksee

The land registry is a legal document, but if you read the small print they do say that the lines on the map have to be checked against the reality on the ground (they do not use those words). The maps provided by the land registry can only be 'more or less' accurate, the width of a drawing line can cause uncertainty as to where the exact boundary is.

I also had to get the boundaries confirmed on a house I was selling on a housing estate - one of the boundary changes I knew about, it had been done, deliberately to my advantage, some years previously, but the owner had not registered it, it was registered with no problems. The other boundary issue (also to my advantage) was one created by the builder 40 years ago that had survived the house being sold several times, but now had to be sorted, also registered with no problems. In fact the registration was still pending when I sold the house, the Solicitor gave an undertaking to finish the process when the Land Registry had sorted it, this was accepted on all sides.

The registration made an official difference to about 25% of the site, previous owners had built a garage on land they didn't officially own.

wildwillow

The line on the map and the physicsl boundary are not always exact, especially when hedges and ditches form a boundary over a period of time.

It is easier to establish the boundary before buying rather than entering into a dispute later.

Spending on a proper survey may save a lot of hassle and give peace of mind.

maestroamado

wildwillow wrote: »

The line on the map and the physicsl boundary are not always exact, especially when hedges and ditches form a boundary over a period of time.

It is easier to establish the boundary before buying rather than entering into a dispute later.

Spending on a proper survey may save a lot of hassle and give peace of mind.

Are you suggesting that each time a property changes hands a survey needs to take place on the boundaries...
I do not necessarily disagree with what you are saying but i think whoever is unhappy pays for same...
It certainly should bot become normal practice...

wildwillow

Not every time. It is probably more relevant to rural properties where a drain or hedge was the boundary. Over the years the drain or hedge widens and the line is blurred.

Another instance is where a neighbour gradually encroaches into your property. I've seen it numerous times. I had almost a quatrer of an acre taken off a large field I was buying as the neighbour had moved fences and taken over a corner of the field. Had it re mapped and excluded the disputed part from the sale.

Don't know if the ownership of that section was ever formalised but it wasn't my problem and I was able to sell later without any grief.

The day you buy is the day you sell according to those in the know!!