Hedge cuttings

[EddieM]

I suppose this is a legal question, and ask such I should probably as a lawyer, but I'm not really too fussed, so I wondered if anyone knew the answer. I have a much hated leylandii "hedge", that I didn't plant, that separates my garden from the neighbours. I suppose it's useful in that it provides a good amount of privacy, however as we all know leylandii grow like stink and have to regularly pruned to keep them in check.

Well, this year is the hedges' bi annual topping, i.e that last 2 years growth have to be lopped off the top. The neighbours came round yesterday to complain that a bit of hedge cutting was dangling precariously over their new border and they were worried that it might damage the 3 or 4 new shrubs they've put in (I didn't want to tell them that one's a camellia, so being in one of the most chalky areas of the country, that'll be dead soon), so I dutifully went around, removed the clipping and bunged it back over to my side.

Now today, they pruned all the bits hanging over their side, and lobbed the whole lot over my side, without so much as a bye your leave, in the process non fatally crushing a couple young saplings.

If nothing else it's a bit of a cheek. My understanding is this :-

You can cut a neighbours foliage that overhangs your property, but as it is not your property you should offer it back to them. 99/100 times the neighbour would not want it back anyway.

If you ask your neighbour if they want it back, and they say no, then it is up to you to dispose of.

If your neighbour asks you to cut back any overhanging foliage on their side and you agree, then it seems fair that you should dispose of it.

Anyone know the actual score?

I suppose I could get my own back, and mutilate their overhanging cherry tree, but I'm not that petty

 

[oddballodd]

Have a quick look over this site, might help:

http://www.gardenlaw.co.uk/trees.html

 

[mattylad]

You have it about right.

They are now liable for the damage that they have caused doing that.
While they have every right to cut what hangs on their side, as you say they must "offer" the cuttings back & if refused dispose of them themselves.
Throwing them over is actually illegal dumping, throw them back

OR better still, dispose of them yourself & try & keep your trees trim yourself so that they don't have to. Better to keep on good terms with neighbours than fall out over what is essentially from your doing.

 

[JohnD]

ideally, Leylandii should be prined one foot below ground level.

 

[Inky Pete]

Preferably with napalm!

 

[EddieM]

thought I was vaugely on track, bit of a cheek, yes in an ideal world I'd cut them 1 foot below ground level, but then no privacy. Oh, just another load to dispose of somehow. Maybe I'll just dig a big hole.....

 

[Symptoms]

Eddie - consider building a viewing platform to one side of your property, then take a bead on their kitchen, then prune your trees to create a 'hole'. Now buy that telescope you've always wanted and mount it on your viewing platform. When they get the hump deny you were spying on them but were star-gazing. Oh, what a way to escalate a dispute.

 

[EddieM]

The guy next over the hedge was pruning away again yesterday. I nearly yelled at him to stop. Not because I didn't want him to prune the trees, but because I didn't want him to prune the trees with a circular saw, standing 15ft up a ladder in the rain

The guy obviously has a body image problem in that he must reckon he has too many fingers. What a plank.

 

[EddieM]

oh, well, the neighbours came storming round demanding i dispose of all their cuttings immediately, this despite the fact I'd just returned from taking my son to rugby, and despite the fact I spent all day Friday and saturday carting my cuttings to the dump. I'd said I'd do it as soon as I could, this was unacceptable, so they threw the cuttings over the hedge, breaking some of the shrubs on our side.

Well, that's really petty as far as I'm concerned, so rather than get mad, I'm getting even, plod is going to pay them a visit to "have a word" guess that's me off the Christmas card list then.

No doubt they'll demand the trees are now cut to 2m high, however this will be a good opportunity to remove them entirely.

Neighbours eh, does any one think I'm being unreasonable?

 

[denso13]

ideally, Leylandii should be pruned one foot below ground level.

 

[mattylad]

I think it is your neighbours that are being unreasonable.

If they want to prune them off then they are responsible for the cuttings disposal. Simple.

If they throw them over to your garden, throw them back.

 

[Richard C]

ideally, Leylandii should be prined one foot below ground level.

 

[Richard C]

Preferably with napalm!

Should have looked first, desnso13 already beat me to it

 

[EddieM]

If I do chop em down, does anyone have any replacement suggestions, I was thinking along the lines of bamboo maybe, the black stemmed ones. Pretty quick growers, should reach about 4m pretty quick, anyone else got any good ideas, no conifers please.

 

[toptec]

Can't beat a Beech hedge in my opinion. Just takes a while to grow to the required height.