Clare`s Law - Domestic Violence.
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Neighbour Disputes | Trees and Hedges.
Neighbour Disputes can escalate to affect your life and enjoyment of your property, if handled in the wrong way they can cause tension and in some cases arguments, retaliation and even violence. The poor upkeep of your neighbour's garden can have an impact on the enjoyment of your property.
In an ideal world you should act when you notice the problem and discuss the issue with your neighbour to find a solution.
Unfortunately we do not live in an ideal world and you may have to resort to the Law for help.
So what should you do and what are your rights.
Seek an amicable solution.
You must first discuss your concerns with your neighbour and try to come to a solution, you may be happy to do the work or you may want your neighbour too, each circumstance is different; your neighbour may be 96 and unable to physically do the work and you may be happy to do it for them and just want permission, working with each other to find the solution this is by far the best way. The local authority will not assist until you have done this.
So it turns out that your neighbour loves their 30 foot Leylandii and they do not want it cut, you can refer to mediation, details normally available via the council, but both parties must be willing to mediate.
So your neighbour decides that they are happy as things are and do not want to mediate, you can ask the council to get involved (a fee may be payable), but you must have a legitimate concern.
Do I have a legitimate case?
You do if -
- The issue involves at least two evergreen trees or hedges
- They impair the enjoyment of your property - if you are the owner or a tenant you can make a complaint however long you have lived in the property, if you are a tenant check your agreement with the landlord to ensure you are not prevented in doing so and it's advisable to inform your landlord.
- They are over 2 meters in height.
But who does the work?
Simple, the owner of the land that the hedge or tree grows on is responsible for it; they are responsible for its maintenance and responsible if it causes damage.
In the interest of getting the job done discussing the issue with your neighbour is the way forward.
You can legally do some of the work yourself without permission, if you have a branch or part of a hedge that crosses your boundary you can cut it back to the boundary (if you live in a National part or conservation area check with the council first)
Still not having any joy?
So, the council are involved, they will assess the case and decide if the offending foliage is spoiling your enjoyment, if they agree with you, they will contact the neighbour and ask them to rectify the situation, normally by issuing a remedial notice, if you neighbour fails to comply with the notice they can be prosecuted.
It's important to know your rights and try to keep on good terms, no one wants situations like this to escalate as it can change how you feel about your home.
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