garden boundaries

[janet44]

A staked fence runs down the whole length of mine and neightbours garden. Not sure if it is a shared boundary. A row of 19 beech trees have been planted on my neighbours side of the boundary fence some 6 inches on his land and he is arguing that these now constitute the boundary. As these trees are now overhanging my land have I a right to cut them down and return the branches to him.

[albaqwerty]

I think you can cut them back to the staked fence. You can either return the branches to him or ask him if you can dispose of them. No doubt someone with much better knowledge will have a more definiitve answer.

[moonraker558]

Sounds about right to me Alba

[albaqwerty]

thanks moon :D

I had a run in with an old neighbour years ago about her hedge. Nasty she was...

[cassa333]

You are entitled to cut back to the boundry but no further. If he is saying that the tree line is the new boundry then he has given you 6inches of land. He is silly to say this as in theory you could now take the fence dowm and cut badk heavily to the 'new' boundry and put a fence up. Keep the fence where it is though as moving or removing it could be a problem later.

Check your deeds as to who has the burden of maintaning the fence. Although unless stipulated in your deeds you don't have to have a fence at all.

You can cut back any over hang and OFFER the cuttings back but he doesn't have to take them. You then have to dispose of them yourself.

Are the trees in a 'hedge like' row or spaced out? If they grow very tall will they block light or become a nuscience later? If yes start the ball rolling by asking how he intends to maintane them in the future and that althought the trees may at this time be small they may well grow over the true boundry when they a bigger.

My advice to you would be cut back hard to the boundry every year to maintaine the true line AND put in a root barrier on the boundry NOW before the roots encroach onto your land.

[gingejbee]

.....and whatever you do, remember that you still have to live next-door to them!

[themas]

What is your neighbour trying to create? Beech can be used to form a hedge. To do this it is trimmed each year & generally kept to about 2metres high. If this is what he wants to do, then I don't think you have any need to worry about the hedge - except that you will have to do the trimming on your side if the neighbour doesn't do it.

On the other hand, if he wants to let the trees grow into mature beeches he is an idiot! These can be massive trees & totally unsuited to a normal garden boundary situation. However, you can't make him take them away but if they become a problem due to height etc. you can involve the Council who can take action under some fairly recent legislation to make him reduce the height.

As has already been said, you can cut off any branches overhanging your boundary (which is, of course, still the line of stakes), but you should tell him in advance you will do this if he doesn't get them cut himself & offer the cuttings to him. You will have to pay for the work if he doesn't do it. But be careful - the appearance of the trees can be ruined by cutting one side off in this way, & it will be your side which will be unsightly.

[janet44]

thank you to everyone