Hedge border?
Question:a semi-detatched house has a fence as a boundry belonging to house A, as stated in the deeds,(east side),then house (A) decide to plant conifers next to the fence, still on (A) property, which has grown to over 20ft high blocking out the light on house (B) kitchen, it also over hangs into house(B) garden over his shed thus water dripping down and causing rot to his hut roof, the owner in house (B) is disabled and is on benefit (DLA) he cannot cut the hedge which is the property of house (A). so does houseowner (B) have to pay somebody to cut the hedge which was never wanted which is in house (A) garden,or is it the responsability of owner of the hedge house (A) to cut the hedge that over hangs house (B),
Answers:
if its hanging on your side then you have the right to remove it by whatever means but cant force the other person to do it
There has been no end of queries on this subject on the site. Its the old issue of what overhangs your property you can cut off and return the prunings to the neighbour. However, if the hedge is that high then there are other avenues available to resolve the problem. Please get in touch via my website below and I will send you some free info on High Hedges legislation.
There's a couple of things here:
1. damage caused by, allegedly, a neighbour's overhanging tree
2. lack of light, and potentially a much too large a tree.
The owners of trees are legally responsible for any damage that their property causes, from roots, branches etc. Sometimes, though quite rarely, this is covered by buildings insurance-such as from storm damage.
Owners are also responsible to ensure that their tree hedge is at an appropriate height and planting position:probably both aspects have failed here.
Just because someone is disabled and on DLA does not diminish their responsibilities or liability. As with all neighbourly issues, these are best sorted out amicably and via discussion, which is why I assume that you are treating them sensitively, including thinking of paying for tree modification. Ultimately you could go to the small claims court to sue for damage to your hut etc. It may be a tough one to prove drips from a tree have caused root rot, as they presumably also provide shelter from the elements, to balance this.
You're able to remove overhanging branches, and could return the offending material to your neighbour. I shared the cost of some pruning and removal of some trees, with a neighbour of mine, after showing there was mutual gain from doing so. You could share the hassle of getting some quotes too, so they don't feel excluded.
Overall, try and sort through discussion, and to prevent having more costly damage, offer to pay a fixed sum towards it - if you firstly offer a percentage, they might just get an exhorbitant quote, leaving you to suffer a major loss etc.
Good luck! Rob
or on the other hand why dont parties a and b get together and come to an arrangement called being good neighbours. problem solved
He who owns the trees pays the fees.
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