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  1. #1
    jojo's Avatar
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    I need you helps chaps!

    Hi guys, this is a SERIOUS post, so no posting crap please!

    I'm in a bit of a dilemma with my neighbours opposite me from the back garden, whom I've never met until today. Basically, between us is a set of fir trees which are the height of the house, so totally blocking our view and a good old 6ft fence aswell. The trees are actually in their garden, and we decided to get them trimmed, as they were getting rather large and drooping over our garden. The fence is in a poor state, almost to the point of collapsing, with gaping holes which allow our friendly neighbouring cats through aswell(no NSD/cat jokes please! [img]/ubbthreads/images/graemlins/tongue.gif[/img]) After the trees were trimmed, what was left underneath seems like dead wood, where the tree has been starved of sunshine, not a pretty sight at all [img]/ubbthreads/images/graemlins/frown.gif[/img], and to top it off, the chap who did the trimming has left gaping holes in the trees with which our neighbours can see through [img]/ubbthreads/images/graemlins/crazy.gif[/img]
    Now these neighbours are very annoyed [img]/ubbthreads/images/graemlins/mad.gif[/img] and have threatened to sue, and even turned up to my house to view our garden and see things from our point of view. And have also requested that I replace the whole rear fence with 8ft panels so they can get their privacy back! Now what I want to know is who owns this fence? and what do you guys reckon I should do? from a legal point of view, it looks like I'm in the wrong, as I had not asked permission/consulted with them before making the trimmings, so any legal advice and tips will be well appreciated.

    Sorry for what looks like a long post, i've had a long stressful day! [img]/ubbthreads/images/graemlins/mad.gif[/img]

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  3. #2
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    Re: I need you helps chaps!

    oh dear jojo if the trees are on his side they are his property but if there are hanging over onto your side then i still think you need his permision to cut them. Check with your plans mate that will tell you whos they are. You get yourself to a solicitor sharpish and i think youll get 20min free consultation and hell tell you whats what. Good luck mate, See about right of light on your side to if his trees are bloking light then follow that route. chin up lad. as my old man says never let the Bast ards get you down.

  4. #3
    Ess_Three's Avatar
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    Re: I need you helps chaps!

    I also think you should seek legal advice...
    It's easy to sit here and guess...but you need hard facts and sharpish...

    Find yourself a solicitor who specialises in these sort of disputes...and follow his suggestions.

  5. #4
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    Re: I need you helps chaps!

    JoJo, as the others said, get some advice.

    Regarding the fence, if it was in a poor state, and it effects you more than them, i would replace it (with a higher one) with their permission, that way everyone wins.

    Sounds like your tree surgeon did a botch job, or was it just a mate. I think you will find anything that overhangs your property is fair game, and can be cut back. There should be no repurcussions from that.

    If it all starts getting crappy, an old trick is to pour a small amount of diesel onto the ground around the tree, usually done in the middle of the night. This will kill the problem. But don't get caught mate.

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    Re: I need you helps chaps!

    [ QUOTE ]

    Sounds like your tree surgeon did a botch job, or was it just a mate. I think you will find anything that overhangs your property is fair game, and can be cut back. There should be no repurcussions from that.


    [/ QUOTE ]

    Your almost right there TDI - You can cut back anything which overhangs your property, but in theory you have to give it back to whoever owns it! But you don't need there permission first, however it would be sensible to ask - too late now.

    Neighbour disputes have this way of stupidly getting out of hand. Get some legal advice and try not to let it esclate too far.

    Kev.

  7. #6
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    Re: I need you helps chaps!

    Jo Jo, I am not sure of property law in the UK, but here in SA you are entitled to cut back any tree's or shrubs that intrude into your property. In fact you are also entitled to request the neighbour to cut back his tree's if they are intrusive. As the other guys have advised it would be wise to seek local legal knowledge. (SA inherited most of it's law from the UK, so I imagine it would be pretty similar, however you may have local by laws in addition)

    Boundary walls are difficult, you need to find out who actually owns it. The wall may legally be slightly "in" one property and not the other and therefore owned by "that" property. Often what happens is that the nieghbours that share a wall will share the costs of maintaining that wall.

    Maybe you can use this incident to your advantage, and instead of setting the legal mutts loose on your neighbour, invite them round for a drink, and try to sort out the problem amicably. You may even be able to come to an arrangement to share the costs of fixing the wall (and tree's) to the benefit of both parties. It may not seem like the most financialy viable alternative in the short term but will definitely prove to be it in the long. If it works out, then you can also improve the relations with your neighbour at the same time. Either way, you will know exactly where you stand and whether you will have to resort to legal methods.

    Going to court over this is just not something you want to do, as it is a collosal waste of time and money, and the only people who gain something at the end of it are the bloodsucking lawyers.

    What do you do if you come across a lawyer burried up to his armpits in cement?
    You pour in more cement. :-))

  8. #7
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    Re: I need you helps chaps!

    With regard to fences .etc, im sure that the owner of th fence, is the one who has the fence posts on their side of the fence. i.e if the fence posts are in your garden, then its your fence. Best get some advice though matey

    Rich

  9. #8
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    Re: I need you helps chaps!

    Jojo - Agree with all of the above....... As a rule of thumb, I believe the law states, If you look at your house from the front (and also facing your back garden from your property (back door etc.), you are responsible for the RIGHT hand side boundary and the TOP boundry. So as I it looks like your neighbours are opposite you (that is the top of your garden), you will be responsible for the fence.

    You can get serious and have a look on your deeds and measure upto the fence as it may actually be in their garden, however can get messy.
    As for them asking for 8ft panels.... F cuk 'em, you put in what you want - it's your boundary and your fence. You can even plant trees if you want.

    It might just be worth having a look at their garden and use the rule above (Is it their Righth hand side or top of their garden) and see how this applies to them if the were to do something...

    As for trimmin the trees, I also believe you can cut back any trees / shrubs etc. that overhang your property without thyeir permission (but I suppose courteous to ask first) and as said above, should give it back (swat it back over the fence !!) however again, this can start arguments, so best just to bin it.

    Hope all this helps, and I'm sure a solicitor will give you a quick answer, possibly in the 20 min free session - or, if u have a solicitor / bank etc that holds your deeds, ask them.

  10. #9
    imported_hookie
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    Re: I need you helps chaps!

    As said before does depend if you're in a conservation area though.
    fingermouse your council charges 100, it was in the news last week that councils can set what they charge for this, some are charging up to 500, and you can only use this service before you cut the trees down [img]/ubbthreads/images/graemlins/tongue.gif[/img]

  11. #10
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    Re: I need you helps chaps!

    he he, the things we humans get worked up over...

    I loved the bunnies escaping into the neighbours garden.... simply solution for them... invite the owner for dinner and serve roast rabbit complete with a grape in its mouth.... :-)))) (sorry Hop!)

  12. #11
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    Re: I need you helps chaps!

    OK, seeked some legal advice, I've been told to get in writing that they should not take any further action with regards to suing in the event that I erect this fence and foot the bill. This should be done prior to any work is undertaken of course.

  13. #12
    imported_hookie
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    Re: I need you helps chaps!

    I'd check it all out first as you probably have every right to cut down the overhanging branches and they might be the ones legally responsible to repair the fence, now wouldn't that be sweet.... [img]/ubbthreads/images/graemlins/smile.gif[/img]

  14. #13
    imported_Strider81
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    Re: I need you helps chaps!

    seeking legal advice over putting up a fence- i see where most of u r coming from but this issue can be resolved by the putting up of a new fence and both neighbours living in harmony.

    the last thing u wanna do is start a legal battle over a fence and end up on itv's neighbours from hell- over a fence!

  15. #14
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    Re: I need you helps chaps!

    [ QUOTE ]
    he he, the things we humans get worked up over...

    I loved the bunnies escaping into the neighbours garden.... simply solution for them... invite the owner for dinner and serve roast rabbit complete with a grape in its mouth.... :-)))) (sorry Hop!)

    [/ QUOTE ]

    [img]/ubbthreads/images/graemlins/laugh_2.gif[/img]..... No offence taken..... The film Fatal Attraction springs to mind [img]/ubbthreads/images/graemlins/crazy.gif[/img]......

    However if this did happen and after a few tears from my son and daughter, I'm sure the response from the kids would be....... "Can we have a dog now ? "

    Back to the thread...... good stuff, and if it is mega expensive for you to replace the fence, take hookies advice to the next level and if it is in their garden (after measuring), suggest splitting the bill......

    All good advice on here jojo, but only you know your neighbours and only can decide on what's next..... You have to live there and is it likely, you and your neighbours will become freinds....... good fencing is not cheap (concrete posts and removable panels etc.) -

  16. #15
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    Re: I need you helps chaps!

    Apologies if someone already said this but I didn't read all the posts above:

    Get out your house deeds, get a good measuring tape and check the borders of your property. Be exact on this if it's to do with the fence. This will tell you if the fence is 100% on your land, the neighbours or 50:50. Also if the fence is yours, your neighbour is right and you will also have to arrange to paint his side too if they push it far enough.

    A neighbor of mine changed his chutes and his neighbour didn't like it as he never asked permission, the judge ruled for the caliment and gave him 4000 claim to fix his chutes to suit and the costs also. Mental.

    Only other advice - get some proper legal advise on this. You could end up on Neighbours from Hell....

  17. #16
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    Re: I need you helps chaps!

    Not an expert, but my view on this.

    1. I believe that any part of a tree overgrowing your boundary is fair game, with no permission required by your neighbour.
    2. Any trimming will thin out and leave gaps initially, that's tuff luck. The tress weren't always this big, so what's their problem.
    3. If the fence is your responsibillity, only for certain known by looking at your deeds, then you can put up what ever height of fence you wish up to 6ft, i.e. a 3ft one if YOU want. It is only a boundary marker really.
    4. Again, if it's your fence then your neighbour cannot stipulate the height.
    5. Your neighbour is also responsible for up keep of his side of YOUR fence.

  18. #17
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    Re: I need you helps chaps!

    Hi Jojo,

    If you do get legal advice... does your home insurance cover legal? If so, its worth raising it with your insurance company now... last thing you want is too foot the legal bill yourself!!!

    Some insurance companies (such as more than) even offer free legal advice from solicitors as part of their service, so you could check this out too.

    Good luck with this one, I hope it is all done amicably... we live in a horrible 'consempate' society where neighbours no longer seem to know or respect one another [img]/ubbthreads/images/graemlins/soap.gif[/img] There, that's my little rant anyway

    [img]/ubbthreads/images/graemlins/beerchug.gif[/img]

  19. #18
    imported_hookie
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    Re: I need you helps chaps!

    I'd just put up a new fence but paint his side bright pink before you put it up and put it up a few inches within your boundary so he can't paint it [img]/ubbthreads/images/graemlins/tongue.gif[/img]

  20. #19
    jojo's Avatar
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    Re: I need you helps chaps!

    OK, just had a friendly chat with my neighbours, they've accepted that the guy/contractor who did the trimming is in the wrong, and that we are both the victims of his poor worksmanship. - Phew! They have accepted my apologies and are happy with my plans to redo the fence in 6ft form with an additional 1ft trelis on top. Hope I don't hear anymore from this ! [img]/ubbthreads/images/graemlins/crazy.gif[/img]
    Thanks all, I can go and celebrate now. [img]/ubbthreads/images/graemlins/beerchug.gif[/img] [img]/ubbthreads/images/graemlins/dancing.gif[/img] [img]/ubbthreads/images/graemlins/beerchug.gif[/img]

  21. #20
    imported_hookie
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    Re: I need you helps chaps!

    Can we have a pic of the trees just out of interest

  22. #21
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    Re: I need you helps chaps!

    Nice on Jojo - Glad it was an amicable result...... never know, they might invite you round for tea..... [img]/ubbthreads/images/graemlins/ok.gif[/img]

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    Re: I need you helps chaps!

    Glad you got this sorted, neighborly disputes can be stressfull!

  24. #23
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    Re: I need you helps chaps!

    [ QUOTE ]
    Glad you got this sorted, neighborly disputes can be stressfull!

    [/ QUOTE ]

    Try it... you might like it - NOT! [img]/ubbthreads/images/graemlins/10_1_114.gif[/img]

  25. #24
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    Re: I need you helps chaps!

    Oh - Ok Jojo, understand....... BTW, Them fence panels TDI posted look good.

  26. #25
    imported_fingermouse
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    Re: I need you helps chaps!

    the trees at the bottom of my garden looked just like that 2 years ago they soon fill out again. Just tell them of the new law and that they should be no more than 6ft. Unless you want them that high.

    oh another point conifers rot fences i think it their sap but just something to watch out for.

  27. #26
    imported_Nigma
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    Re: I need you helps chaps!

    http://www.bbc.co.uk/watchdog/guides...w/index2.shtml

    http://planning.knowsley.gov.uk/tree/tree.html#2

    According to these website, you are legally entitled to trim back the tree's providing you give them back the remains.

  28. #27
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    Re: I need you helps chaps!

    hay jojo he did a bloody good jod of killing the trees but i cant see any daylight between them. If it was me i would say [img]/ubbthreads/images/graemlins/swear.gif[/img] him sounds like a right tw at go round to his side of the fence and see if its changed his view at all. good luck mate. hay jojo the garden could do with a trim also lol sorry. chuck a dead fish over the fence.

  29. #28
    audi5e's Avatar
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    Re: I need you helps chaps!

    Jojo, if you do go round to them for tea, just make sure they don't lace your drink with something.... :-))))

    Glad it's sorted!

  30. #29
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    Re: I need you helps chaps!

    [ QUOTE ]
    I'd just put up a new fence but paint his side bright pink before you put it up and put it up a few inches within your boundary so he can't paint it [img]/ubbthreads/images/graemlins/tongue.gif[/img]

    [/ QUOTE ]

    Now thats a guy with a sence of humour !!!!!
    glad u have got it sorted out mate , and all is amecable , wot about claiming componsation from the tree surgen if he/she done such a bad job????? or do u wana just forget it and get on with whoring on ASN lol
    [img]/ubbthreads/images/graemlins/ok.gif[/img]

  31. #30
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    Re: I need you helps chaps!

    So JoJo, is your cooking better than your gardening? [img]/ubbthreads/images/graemlins/grin.gif[/img] [img]/ubbthreads/images/graemlins/lol.gif[/img]

  32. #31
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    Re: I need you helps chaps!

    [ QUOTE ]
    So JoJo, is your cooking better than your gardening? [img]/ubbthreads/images/graemlins/grin.gif[/img] [img]/ubbthreads/images/graemlins/lol.gif[/img]

    [/ QUOTE ]

    We need to ask NSD, I believe he enjoys the cat with cashew nuts.... :-)))))

  33. #32
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    Re: I need you helps chaps!

    Christ jo jo , they aint trees thats a rain forest!
    Ure gona have sting campaining against u for cutting them lol

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    Re: I need you helps chaps!

    What a botch job by the guy who cut them branches off!!! Sack him [img]/ubbthreads/images/graemlins/lol.gif[/img]

    Jojo nice garden for a barbq so whens the invites getting posted and your cooking CHEF! [img]/ubbthreads/images/graemlins/laugh_2.gif[/img]

  35. #34
    jojo's Avatar
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    Re: I need you helps chaps!

    Man what have I missed since I went to work and back lol. I'm just glad that it was resolved in the shortest time possible(sort of), I really had a crap day, and felt aweful at the time of typing the first post. It really does feel bad when someone's offered to sue you when you've got a family to feed and a 1 year old crying in the living room didn't help i tell ya!
    A further update on the problem is that a 6ft fence plus 1ft trellace will require more of the tree(two more branches to be exact) to be removed, for it to clear it lol. So off to ask the friendly neighbours for their permission this time, they were non too pleased, but i convinced them it was the only solution. So off I went to work at around 4ish, when they decided to turn up at our doorstep soon after, leaving my poor wife and jojo junior to listen to their ramblings and concerns of more gaps if these two twigs were removed [img]/ubbthreads/images/graemlins/confused.gif[/img] [img]/ubbthreads/images/graemlins/mad.gif[/img], So weve settled on a 6ft fence only, thats a 30 quid saving on my wallet.
    They are seriously getting on my tits now, they are paranoid that we can see them through the forest, yet whenever I look, THEY are the ones looking over! [img]/ubbthreads/images/graemlins/mad.gif[/img], and can someone lend me a paintball gun to shoot at their white cat [img]/ubbthreads/images/graemlins/grin.gif[/img], it's doing my head in trespassing allover my garden through the holes in the collapsed fence, that would make me very happy indeed [img]/ubbthreads/images/graemlins/yes.gif[/img]

  36. #35
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    Re: I need you helps chaps!

    JoJo, the auto-mag is one of the best paint ball guns around, very accurate and a quick semi-automatic.


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    Re: I need you helps chaps!

    Stop firing blanks TDI [img]/ubbthreads/images/graemlins/laugh_2.gif[/img]

  38. #37
    jojo's Avatar
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    Re: I need you helps chaps!

    [ QUOTE ]
    JoJo, the auto-mag is one of the best paint ball guns around, very accurate and a quick semi-automatic.



    [/ QUOTE ]

    Cool, I'll take 2, one for me and one for the missus [img]/ubbthreads/images/graemlins/ok.gif[/img]

  39. #38
    imported_hookie
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    Re: I need you helps chaps!

    myzeneye, much easier to get someone in with a root grinder [img]/ubbthreads/images/graemlins/wink.gif[/img]

  40. #39
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    Re: I need you helps chaps!

    Well chaps, my new fence is finally up, and it's made f'all difference to the view, don't think they are too pleased with the results to be honest... but that's not my problem, I've had enough of them and have done what I could to rectify the problem, I'm praying that I don't here from them in the near future, aweful neighbours imo. They monitored the whole of the time whilst the fence was being fitted, and continued to rant to the guys doing the fitting about cutting up more of their precious forest! These guys took some flak, but were really calm about the whole situation and just got on with it [img]/ubbthreads/images/graemlins/bravo.gif[/img], bet they'd wish for them to just shut up! [img]/ubbthreads/images/graemlins/shutup.gif[/img] And to top it off, after when the work was done, and where some cement was poured into the ground to support the posts, the neighbours decided to test the strength of the fence by giving a firm push! [img]/ubbthreads/images/graemlins/bang.gif[/img], this got the workers annoyed, so they put some wood to support the fence on our side, to allow for the cement to set , just in case lol. I will post pics tomorrow(hopefully).

  41. #40
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    Re: I need you helps chaps!

    jojo,

    Your neighbours sound like complete to@@ers with nothing else better to do. Fancy testing your fence when it's still being put up, ars*holes.

    Hope you now never see them again [img]/ubbthreads/images/graemlins/ok.gif[/img]

 

 
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