overhung branches - legal obligation
- Thread starter gov
- Start date
gov said:exdos said:
No worries mate - at least this engendered some lively discussion
Of course we all have to live together, and so it's best if everyone respects the boundary as being something that is an absolute limit. In over 35 years, I have only had one dispute with one of my neighbours and it was the one you would expect would be the least likely to be a nuisance neighbour. He ultimately lost and it cost him well over £25k to sort out the problem (flooding of my land) of his own making. I've just been trying to give you some good advice in a roundabout way. Makes me smile about boundary disputes.
If you want to talk about escalation - We adjoin a famous local river meadow area which in a stupid historic legal arrangement belonged to the parish council and the farmer for part of the year each. In effect a stalemate as nobody could really do anything. After 25 years on on-off dispute they decided to halve the land and each had their piece.
The farmer decided to fence his piece in. Residents started a campaign against him, so even though he had no specific need he moved 50 cows onto the land.
I think they enjoyed the increased rural smell, noise, etc. and upon withdrawing all petty objections (least not because the chief campaigner died after during the 25 year battle) the cows were moved :thumbsdown:
If you want to talk about escalation - We adjoin a famous local river meadow area which in a stupid historic legal arrangement belonged to the parish council and the farmer for part of the year each. In effect a stalemate as nobody could really do anything. After 25 years on on-off dispute they decided to halve the land and each had their piece.
The farmer decided to fence his piece in. Residents started a campaign against him, so even though he had no specific need he moved 50 cows onto the land.
I think they enjoyed the increased rural smell, noise, etc. and upon withdrawing all petty objections (least not because the chief campaigner died after during the 25 year battle) the cows were moved :thumbsdown:
Just an update - I'm in the throes of getting someone to cut it all back to the fence - it will need to be chainsawed to do the job properly - she came round today while we were out but saw the man who is currently installing our new kitchen - he said she appeared to be bristling for a fight - said that I couldn't use the access to the field and that she would not allow the offcuts to be burnt on her land - in other words I would have to drag it all through my hedge and bring it up the 150 ft back garden presumably a bag at a time 
My wife is getting upset about all this and is scared that at some point I will lose it big time - I've assured her this won't happen - I will continue to talk to her civilly and get the job done even if it means taking a couple of bags away a week ( which will take about 3 months or more ) I can get the big stuff cut in to logs and lay them under the existing trees on my property.
I have started logging every conversation with her in case it all goes tits up
My wife is getting upset about all this and is scared that at some point I will lose it big time - I've assured her this won't happen - I will continue to talk to her civilly and get the job done even if it means taking a couple of bags away a week ( which will take about 3 months or more ) I can get the big stuff cut in to logs and lay them under the existing trees on my property.
I have started logging every conversation with her in case it all goes tits up
gov said:Just an update - I'm in the throes of getting someone to cut it all back to the fence - it will need to be chainsawed to do the job properly - she came round today while we were out but saw the man who is currently installing our new kitchen - he said she appeared to be bristling for a fight - said that I couldn't use the access to the field and that she would not allow the offcuts to be burnt on her land - in other words I would have to drag it all through my hedge and bring it up the 150 ft back garden presumably a bag at a time
My wife is getting upset about all this and is scared that at some point I will lose it big time - I've assured her this won't happen - I will continue to talk to her civilly and get the job done even if it means taking a couple of bags away a week ( which will take about 3 months or more ) I can get the big stuff cut in to logs and lay them under the existing trees on my property.
I have started logging every conversation with her in case it all goes tits up
wise move recording conversations in a diary.
seems daft that you are willing to and getting the work done to recitfy a problem that didnt exist till she got the land but wont let you on to do it ???
A
Anonymous
Guest
So she wants the trees cut down, and you are willing to do it, but she is being difficult and causing you more work by not allowing access. Sorry, but I would tell her the deal is you cut them back in return for access or she can do it at her expense. I know you want to keep it civil but she is being difficult.
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If I were you, I would write to the neighbour in very polite terms asking for permission to enter her land to do the job that she has requested that you do. The object is that you have on written record your attitude (reasonable and polite) and her response will show her willingness (or not) to co-operate and her attitude towards you. If she grants you access then problem solved, but if she doesn't, you can then ask her for her reasons why she is unwilling to grant you the access to do the job that she has requested you to do. This will all act as evidence if matters escalate.
kevinmarkwhite said:
Agree here. If she's making it difficult then politely put it back in her court to either grant free access to enter, do the work and clear up, or leave it to her to do the job herself.
Does make me wonder what is motivating her to such actions and attitude?
cj10jeeper said:
I'm told that when her father ( previous farmer ) sold the land she really didn't want him to sell or at the least sell much smaller plots - in the event there are four detached houses with 200ft plots leaving only a fairly narrow strip of land left as the field - sounds a bit silly to harbour bad feeling for so many years but some people are made that way. I do now have a plan B - my neighbour on my left has a narrow garden but extends right down to the brook at the bottom of the field - he has said he intends to burn an old shed and some rubbish down at the bottom and I can just chuck the offcuts over his boundary fence and he will burn it - ironically the farmers trees have all massively overgrown in to his garden , so much so , it's darkened the garden - he has also had minor run ins with her and is about to ask her to cut back her trees ( a pretty massive task )
Makes sense if she's harbouring a grudge, albeit somewhat childish.
Sounds like you have a plan, however I'd deal with both issues all at once both neighbours and her in an atmosphere of co-operation.
Sounds like you have a plan, however I'd deal with both issues all at once both neighbours and her in an atmosphere of co-operation.