Help needed regarding civil law on returning cuttings

[Barbara1]

I have been in dispute with my neighbour regarding foliage overhanging my boundary. Usually we cut it off and return it to him, which has caused numerous problems when he throws it back.

 

He has now written to us giving permission for us to keep the cuttings and dispose of them ourselves.

 

This would mean numerous trips to the tip using our car and petrol, added to that my husband is nearly 70 years old do we have to accept his permission or can we keep on returning the foliage

[Barbara1]

Hope someone can advise me.My neighbour has shrubs and bamboo which over hang our property. For years we have cut it down and returned it to him as it states in civil law.He has now given us per mission to dispose of these items but to do so will incur expense which we are not willing to pay. Under civil law do both parties have to agree or if one party does not have they the right to refuse.

[maroondevo52]

Hi,

 

Have a word with your neighbour regarding the expense of disposal or return them to his garden.

[Barbara1]

That is not possible as they are very aggressive.

[maroondevo52]

I'd think you would have to pay for it to be disposed.

[Barbara1]

Civil law states that you are to return any items to the person who owns them,which we do.I cannot see why if it is their property we should have to pay for their disposal. We are not talking about a few odd twigs it is bamboo which is about 13ft high and other shrubs which range between 8ft to 10 ft.my husband has enough trouble keeping our garden in order without having to dispose of their rubbish, he is 70 years old

[renegadeimp]

Civil law may state that but garden rubbish is a very well known problem. Your best course of action would be to see what your local council says about removing them. Your situation has been highlighted in the national media dozens of times.

[maroondevo52]

There's a 'link' here you could have a look at ..................................

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?392584&p=4244251#post4244251

 

I've moved this thread to the Residential and Commercial lettings/Freehold issues Forum.

[Barbara1]

Have just read the article which maroonedo 52 sent to me, in it it clearly states that the maintenance of the hedge is my neighbours responsibility

[citizenB]

Have a word with your local council, they may even have a height policy in place which your neighbour is breaching. IMHO, you should not be responsible for keeping your neighbours shrubs trimmed off your property or for the cost of disposing of the cuttings.

 

I am sure if we were a nation of gun owners, boundary and parking disputes would top the list of the reasons we used them !.

[Barbara1]

Love the comment regarding guns but might keep that in mind for a later date. I contacted the council a few weeks ago regarding the height of the bamboo and the shrubs their response was they want £250 to come and have a look

[citizenB]

Oh dear, sounds as though your LA is suffering financially.

 

My only other suggestion would be to contact Age Concern, see if they have any advice.

[honeybee13]

Hello there.

 

Do you have legal cover attached to your household insurance policy? If you do, it might be worth having a word to see what they know.

 

My best, HB

[honeybee13]

Hello Barbara.

 

This is quite a quiet forum, I don't know how many people will see your post.

 

You seem to have a duplicate thread running in the residential forum and this has had replies. Here's a link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?397551-Hedge-wars&p=4292516#post4292516

 

My best, HB

[stu007]

Hi

 

I would also suggest contacting your Local Councillor and MP and inform them of the issue and the Local Authorities response that you have to pay £250 for them to come and look.

[Barbara1]

I have today taken photos of the height of the bamboo and shrubs and will take them to the council offices on Monday. The council excuse for charging £250 is to cover the inspectors time and to stop people complaint when their is no contravention of any law. My photo clearly shows that my neighbours fence in higher than the fence dividing my garden from the neighbours on the other side and shows clearly how high the offe ding shrubs and bamboo are

[renegadeimp]

£250 for the inspectors time. AN inspector that is employed by the public FOR the public? Im in the wrong line of work.

[citizenB]

£250 for the inspectors time. AN inspector that is employed by the public FOR the public? Im in the wrong line of work.

 

 

You and me both - I wonder if the LA are hiring

 

I wonder if, when they discover the complainant is NOT wasting the Inspector's time, they refund or rebate the charge ?

[stu007]

I would also be making a Formal Complaint to the council about this charge and as said if their is a rebate offered if the inspector uphold the OPs complaint about the hedge and in the letter ask specifically for a copy of the councils policy on the Charges for these Inspectors and if this is not provided a full explanation of the reason for these charges and copies of all documentation relating to these charges.

[Grotesque]

How about a FoI regarding a breakdown of the Inspector's (so-called) time / cost evaluation? I.e. where they have actually got this figure from. Wouldn't necessarily help in the short-term (re: bamboo) but could come in handy if / when the OP contacts MP, etc.

[raydetinu]

Fence restriction is usually 6ft ( 1.8m ); as for shrub/tree height no restriction; unless Council has a bye-law restricting height, usually done to restrict height of conifers that can affect light and sun onto neighbours property.

Just cut offending branches, twigs hanging over your side and put then over fence onto offending neighbours side ( you have returned them ).

[Grotesque]

Hope someone can advise me.My neighbour has shrubs and bamboo which over hang our property. For years we have cut it down and returned it to him as it states in civil law.He has now given us per mission to dispose of these items but to do so will incur expense which we are not willing to pay. Under civil law do both parties have to agree or if one party does not have they the right to refuse.

 

Apologies for being dense, but- on re-reading- what's the actual issue here? Can't you just carry on 'returning them' (as the feller said above, chuck' em over the fence!). Him 'giving you permission' to dispose seems sound curiously like 'permission to go and spend some of your money at the dump'!

[popeyethesailortam]

If you send a recorded letter stating they must trim their hedge within a set period and if they don't you will hire a contractor and bill them for it.

 

That way your hubby isn't doing the work. However you could only do this if it could be construed they are severely overgrown. If its just that you like to keep yours short and they don't well you may have to live with it.

[beans on toast]

return it to his property other wise it can be classed as theft, as all he has to do is phone police and say you stole his bamboo

[Barbara1]

return it to his property other wise it can be classed as theft, as all he has to do is phone police and say you stole his bamboo

 

Things have changed quite a lot since my last posting. While returning some of the bamboo which was over hanging my garden my neighbour made the mistake of grabbing hold of me. My daughter informed the police and he was charged with assault. To prevent him getting a criminal record he had to agree to employ a gardener to remove all items over hanging our boundary once a month