Hi there,

Please can anyone tell me who is legally responsible for maintaining a hedge planted in someone's garden but growing over the fence into someone else's garden - my neighbor's hedge is overhanging my garden by about 60cms and I have asked them to help cut it back to their side of the fence but they have refused to help out and I'm just wondering where I stand legally.

Many thanks to anyone who can help me with this matter.

Elizabeth2108 wrote:

Hi there,

Please can anyone tell me who is legally responsible for maintaining a
hedge planted in someone's garden but growing over the fence into
someone else's garden - my neighbor's hedge is overhanging my garden by
about 60cms and I have asked them to help cut it back to their side of
the fence but they have refused to help out and I'm just wondering where
I stand legally.

this is usually a local legal matter at the
township or villiage level. so speaking to a
local offical will be the right one. perhaps
they have a website?


Many thanks to anyone who can help me with this matter.

good luck,


songbird

On 3/18/12 12:29 AM, Elizabeth2108 wrote:
Hi there,

Please can anyone tell me who is legally responsible for maintaining a
hedge planted in someone's garden but growing over the fence into
someone else's garden - my neighbor's hedge is overhanging my garden by
about 60cms and I have asked them to help cut it back to their side of
the fence but they have refused to help out and I'm just wondering where
I stand legally.

Many thanks to anyone who can help me with this matter.

You have the right to trim it back to your property line if you can do
it without killing the plant.

For your neighbor to enter your property to trim it, you would have to
give a written release to your neighbor. If this becomes a frequent
task that your neighbor does, you might inadvertently create an easement
on your property for that purpose, which I don't think you want.

--
David E. Ross
Climate: California Mediterranean, see
http://www.rossde.com/garden/climate.html
Gardening diary at http://www.rossde.com/garden/diary

Further to the above good advice, if indeed you do cut the hedge back yourself then make sure you offer the trimmings back to your neighbour ?? This will protect you from being accused of theft !! There is nothing to stop you cutting back the hedge to the boundary line as long as you are aware that the trimmings legally belong to your neighbour, so by offering them back, you then cover yourself !
Lannerman.

Elizabeth2108 wrote:
Hi there,

Please can anyone tell me who is legally responsible for maintaining a
hedge planted in someone's garden but growing over the fence into
someone else's garden - my neighbor's hedge is overhanging my garden
by about 60cms and I have asked them to help cut it back to their
side of the fence but they have refused to help out and I'm just
wondering where I stand legally.

Many thanks to anyone who can help me with this matter.

Not knowing where in the world you are I have no idea. Ask your local
government authority, you are not the first person in the world to have this
problem.

D

"Elizabeth2108" wrote in message

Please can anyone tell me who is legally responsible for maintaining a
hedge planted in someone's garden but growing over the fence into
someone else's garden - my neighbor's hedge is overhanging my garden by
about 60cms and I have asked them to help cut it back to their side of
the fence but they have refused to help out and I'm just wondering where
I stand legally.

I see that you are posting to the UK based gardenbanter forum. If you are
in the UK, you would be better off asking this in the uk gardening group
(uk.rec.gardening) than in this group which has international posters.

If the UK rules are anything like in Australia then it is your
responsibility to deal with anything on your side of the fence - not a cm
more though than to the fence line - you cannot cut back into the
neighbour's side of the fence.

On Mon, 19 Mar 2012 13:24:30 +1100, "Farm1"
wrote:

"Elizabeth2108" wrote in message

Please can anyone tell me who is legally responsible for maintaining a
hedge planted in someone's garden but growing over the fence into
someone else's garden - my neighbor's hedge is overhanging my garden by
about 60cms and I have asked them to help cut it back to their side of
the fence but they have refused to help out and I'm just wondering where
I stand legally.

I see that you are posting to the UK based gardenbanter forum. If you are
in the UK, you would be better off asking this in the uk gardening group
(uk.rec.gardening) than in this group which has international posters.

If the UK rules are anything like in Australia then it is your
responsibility to deal with anything on your side of the fence - not a cm
more though than to the fence line - you cannot cut back into the
neighbour's side of the fence.

Wouldn't that depend on where the fence is located from the property
line... here in the US the person who erects the fence is required to
maintain a set back from the property line, typically one foot or more
so that they can stand on the other side of their fence to perform
maintenence to the fence itself and overhanging plantings. Often one
finds two fences at a property line with a no man's space between. And
some neighbors agree to erect a fence directly on the property line
and share the cost which works fine until they have some disagreement
or one sells... it's never a good idea to erect a fence directly on a
property line. In the US it's perfectly legal to trim plant growth
over hanging ones property line regardless of a fence location or if
there's no fence... the property line rules, not a fence. I live in a
rural area where it's very rare to see a fence at property lines,
instead there are hedgerows, typically a fifty foot or more swarth of
wooded area... if there is a fence at as property line it's a rock
wall of fieldstone within the hedgerow. Hundreds of years ago when
these rock walls were erected surveying measurements were not at all
accurate, often a tree acted as a corner stake and naturally those
trees are long gone. Later on when measuring tools became more
accurate it was discovered that rock walls sort of meandered snakelike
from actual property lines. Now of course it's easy to do very
accurate surveying, with GPS. Anyway if one is planning to prune
shrubbery at their property/fence line it's only neighborly to apprise
the neighbor to discuss how it's to be done, but if a neighbor doesn't
care to have a discussion then trim the encroaching growth but do it
carefully respecting the line.

That is a specifically British interpretation of law. Given OP's spelling of neighbor, I think they need to know the local legal situation.

On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge back
yourself then make sure you offer the trimmings back to your neighbour
?? This will protect you from being accused of theft !! There is nothing
to stop you cutting back the hedge to the boundary line as long as you
are aware that the trimmings legally belong to your neighbour, so by
offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side. In fact if the
neighbor reached over onto your side to take those apples from his
tree growing on your side that would be theft... what grows onto your
side is yours. If the neighbor didn't want you picking the apples
from his tree he should have planted that tree further from the
property line. In the present case the neighbor was very presumptuous
planting a hedge so that it grows over onto the adjoining property. I
planted a dozen trees seventy five feet apart in a row along my
property line but I made sure that they were twenty feet into my
side... no neighbor problems.

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.

Your logic is not the same as the law in some parts of the world and the law
relevant to the OP is the key point.

D

On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.

Your logic is not the same as the law in some parts of the world and the law
relevant to the OP is the key point.

Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK. You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants. I seriously
doubt that folks in the UK can plant a hedge (or any plant) on or
about the property line and allow it to impinge on the adjoining
property without repucussion... a hedge is nothing, what were it a
maple tree that after a few years begins to grow limbs through the
neighbors windows. I think you're purposely being foolish, I'd hate
to think you're truly such a fool.

In article , Brooklyn1 says...

On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.

Your logic is not the same as the law in some parts of the world and the law
relevant to the OP is the key point.

Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK.

Which one? Different UK countries often have different laws. The
Scottish legal and land ownership system is separate and very different
from the English one. English hedge legislation doesn't match Scotland's.

You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants. I seriously
doubt that folks in the UK can plant a hedge (or any plant) on or
about the property line and allow it to impinge on the adjoining
property without repucussion

Nobody said that. As Lannerman posted above, in the UK, legally you can
cut the neighbours hedge (or tree) back to the property line. You must
offer him what you cut off; but he's under no obligation to accept it.

Janet

"echinosum" wrote in message

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

NB: OP also referred to "60cms".

"Brooklyn1" Gravesend1 wrote in message
...
On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.

Your logic is not the same as the law in some parts of the world and the
law
relevant to the OP is the key point.

Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK. You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants. I seriously
doubt that folks in the UK can plant a hedge (or any plant) on or
about the property line and allow it to impinge on the adjoining
property without repucussion... a hedge is nothing, what were it a
maple tree that after a few years begins to grow limbs through the
neighbors windows. I think you're purposely being foolish, I'd hate
to think you're truly such a fool.

???? Regardless of where I live, in my country, I have always been able to
plant anything I like so long as it is not a declared noxious weed. I could
plant bamboo, ivy, any tree such as a mapple or an oak or a hedge of Leyland
cypress. I couldn't plant Scotch thistle, Paterson's Curse, or Serrated
tussock. The latter 3 are all classed as noxious weeds because they destroy
pasture land.

On Thu, 22 Mar 2012 16:21:28 +1100, "Farm1"
wrote:

"Brooklyn1" Gravesend1 wrote in message
.. .
On Thu, 22 Mar 2012 09:02:20 +1100, "David Hare-Scott"
wrote:

Brooklyn1 wrote:
On Wed, 21 Mar 2012 12:40:55 +0000, echinosum
wrote:


lannerman;953670 Wrote:
Further to the above good advice, if indeed you do cut the hedge
back yourself then make sure you offer the trimmings back to your
neighbour ?? This will protect you from being accused of theft !!
There is nothing to stop you cutting back the hedge to the boundary
line as long as you are aware that the trimmings legally belong to
your neighbour, so by offering them back, you then cover yourself !
Lannerman.

That is a specifically British interpretation of law. Given OP's
spelling of neighbor, I think they need to know the local legal
situation.

My logic says the cuttings belong to whichever side they were growing
over, that's what gives one the right to cut them... there is no
theft... were it an apple tree would you after harvesting those
hanging on your side give the apples to the neighbor... I say they'd
be yours the same as if they dropped onto your side.

Gum flapper No. 1 spews:
Your logic is not the same as the law in some parts of the world and the law
relevant to the OP is the key point.

Most laws pertaining to property are logical and consistant. The US
laws relevant to land surveying and property historically directly
follow those of the UK. You show me the law pertaining to this case
that's contrary, not gum flapping, point me to the actual law that
says one must endure whatever their neighbor plants. I seriously
doubt that folks in the UK can plant a hedge (or any plant) on or
about the property line and allow it to impinge on the adjoining
property without repucussion... a hedge is nothing, what were it a
maple tree that after a few years begins to grow limbs through the
neighbors windows. I think you're purposely being foolish, I'd hate
to think you're truly such a fool.

in my country, I have always been able to plant anything I like.

Gum flapper No. 2. LOL
You, you can't even comprehend the question, you're functionally
illiterate.