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Hedgerow

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HenryFord | 22:00 Sat 13th May 2023 | Law
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Hello Everyone,
I live in a dethatched house, with gardens to 3 sides. At the bottom of my back garden there is a hedgerow which borders onto a row of approx 10 terrace houses. The hedgerow is on my land. The hedgerow is quite high - approx 15 feet. It's this height partly because it was very tall when I purchased the property, partly because it gives me plenty of privacy and partly because its never been an issue with any of the neighbours.
The other day one of the neighbours knocked on my front door and very politely asked if I minded if she cut the hedge. She said it would be "mainly from our side", ie from from her side. I said yes that's fine. ....anyway 2 days later I look out from my kitchen window to see that a 8ft x 8ft section has been cut, from the top, right through the fence, 95% on my side. Now I have a hedge that runs along the back of my house, with a huge hole cut out of it. I was certainly never asked if this level of work could be carried out and although the hedge was high, I was never consulted, or given chance to remedy it....as no one had ever mentioned it. I was planning on selling the house in the near future - this summer, hopefully, but there is now no chance of that!
I do not want to level the hedge to the same level (although maybe it is an option in the longer term) as there are nesting birds in the hedge.
Anyone any ideas...where do I stand legally? And how do I remedy this problem.
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I can’t help with your question but there are restrictions to hedge cutting due to nesting birds- you may wish to check with your council
im finding it really difficult to envisage what you mean - any way of taking a picture of it?
you say they cut right through the fence - is it your fence they have damaged while cutting the hedge?
Could you post a photo? Where were you when the cutting took place, did you not see it happening?
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I didn't see the cutting take place. Heres a link with a pic
https://drive.proton.me/urls/RGFK60RE8R#SR6Dy6mcnEUH
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It is my fence...growing within the boundaries of my property
Oh, when you said 'fence' I thought you meant an actual wooden fence, not just the hedge. I think all you can do is level what's left when nesting season is over.
That is a very high unkempt hedge.
How tall is now they have cut a light hole into it?
actually i could envisage it - i just didnt think what i was thinking could possibly be right. God, it's awful!i'm sorry but even if you could do something legally, it's not like they can be made to stick it back on andall itwould do is cost you money for a house you are not going to be staying in
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Bednobs: I see your point, which is true. But it has stopped me from moving, and forced me to change my plans for retirement, or at least put them on hold. It has flagged up a problem neighbour, which should be disclosed when selling...as if any potential buyer, who were to view the property wouldn't be able to guess that they were a problem.... While I am certainly not after falling out with neighbours (or with anyone) I do feel that this may of left me with no choice - it came to me, and could of been avoided

If anyone had mentioned the height I would of consulted all of the neighbours and the local authority...Who I deal with regularly regarding a tree in my front garden which has a TPO on it. I am certainly not trying to get out of any responsibility or cost....but I was never given the chance to act. I was never consulted about the height, by anyone, not by neighbours, not by the LA.

I feel that legal action, although potentially costly, may at least get them to think twice next time...theres nothing like a 'dent in your wallet' to get the grey matter working! And of course, I would pass the costs on to them.
I`d just cut the rest of the hedge down (after nesting season). If you take legal action then it will be a problem as (like you say) you will have to disclose it as a dispute. At the moment, it's not a dispute - they just asked if they could cut the hedge and you said yes.
but it'll dent your wallet too. This is just a misunderstanding - they thought they had your permission; you didnt think you'd given permission for that
I think it might be a bit OTT to say it's prevented you selling your house. Why dont you get an agent rund and ask them for a valuation and ask them if the awful hedge makes any difference
I can’t honestly think of anything that can be done other than to have it reduced to that level throughout.

The neighbour asked if they could cut it, but not enough detail gathered or offered to prevent this.

No amount of legal action or contact with the council about nesting birds will fix it now.

It’s probably in everyone’s best interests to reduce the height of it as 8 ft still offers a good amount of privacy but is not blocking anyone’s light.

I would take some serious advice before you even contemplate legal action. These types of dispute are nasty, costly and very often completely pointless.
How rude and selfish of your neighbours. They are truly problem people.

I do think you should have discussed the cutting down a bit more with them but they are awful.

Can you report them for hedge cutting during nesting season?
But you have them permission to cut the hedge.
There might be birds nesting in the hedge but are they in or near the area cut?

How would you prove there were birds nesting in that part of the hedge?
You may have said yes to cut hedge as they said on their side which lots of people do. But to me that’s downright rude to have cut it like that. I would have thought they wanted to trim on their side maybe overhang bits.
I agree Giggsie. Nobody in the normal mind would think that it would be cut like that. As you said a bit of a trim with possible overhanging branches NOT mutilation.
Have you spoken to the neighbour about it yet? It must look awful from their side too
To let a hedge grow to that extent when you have neighbours is selfish and antisocial. I'm glad that your neighbour has now forced you to do something about it.

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