magentasky
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Trees hedges boundaries and neighbours.We've got hedges to the right and rear of our property (siding and backing onto farmland,very rural location) which contain a few sycamores that have reverted to tree status.They have been heavily cut back on our side over the years to clear power lines and the uneven spread and weight is now causing the bank to erode slightly.
Much as we really love trees they also dominate our garden and block light when in full leaf (we want to cultivate this area) and we would like to cut and relay them as a hedge leaving as much height as possible,thus returning them to the way they were origionally intended.
Although we have precise land measurements contained in early title deeds which prove the bank to the rear was specifically dug as our boundary--ditch beyond etc.we are having trouble with the neighbours who insist they dont want them cut ( done a u turn now having previously said go ahead) they have suddenly denied us access to go into their field which is their perogative we fully understand but it leaves us in a difficult position as the power-lines will make lopping difficult.The tree surgeon who was set to go ahead has now walked away because of "dispute" and wont touch them.
Any advice anyone please.
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stumbling goat
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if you are certain that the trees are yours and on your land and you are within your legal rights to trim them, top them, chop them down, whatever can you get a cherry picker in to them?
this way you may be bale to tie the branches that are overhanging before you cut them and drag them back to your side of the fence once cut?
otherwise you need a climber with a saw and plenty of time.
good luck with your problem.
te
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vegplot
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If you're sure they are yours then I'd go ahead, after sitting down with the neighbours and going through the options.
It might be worth your while to say that if the tress are likely to interfere with the power lines the power line owners could just come on the land and cut them anyway and not necessarily sympathetically.
A well laid hedge managed with a diverse range of tree species will be more biodiversity friendly as well.
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magentasky
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CheersThanks stumbling goat and vegplot for your replies.Not able to get machinary into garden because of well and other obstacles...so it looks like hand sawing.
Have tried to do the decent thing and discuss it with said neighbours,but very sadly get the "you are hippies and we aren't so you don't count" routine.... they're not prepared to listen to reason and always leave me feeling like I've been told off and made to stand in the corner,nuff said.
Think I will get a surveyor to come and measure up according to the deeds to settle matters once and for all.
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Rob R
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What crops are in the fields & are there any fences on their side of the ditch?
Boundary ditches are traditionally dug so that ownership of the hedge & ditch is by the person at the hedge side, so you should own up to the top of the opposite side of the ditch. Often people trim 'their' side of the hedge & may even dig out the ditch, but by rights it is all the responsibility of the person on the hedge side.
Does the ditch drain from/to anywhere in particular (e.g. your land, your neighbours land or anyone else further upstream?
If the hedge affects power lines, it may be worth contacting your local distribution company. Depending upon the situation, they may insist upon doing it or they may be quite willing to help 'persuade' the neighbours, in their official capacity, to let you go ahead & have access (are the power line poles on any of your or your neighbours land?).
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magentasky
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Hi there Rob,no crops only cow and calf and occasionally a couple of sheep,fence put up actually in the ditch by neighbours.
Been looking into Riparian responsibilities,and agree with the bank/hedge and ditch scenario you describe.The ditch continues on down the border of neighbours field to a (now blocked) culvert on their land and out onto a track.
The ditch is very blocked too along the entire length,fully intend to dig out "my" section but anticipate fall-out from neighbours regarding this....may have to call in Environment Agency?
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shopgirlsue
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If there any chance the trees could interfere with the power lines I'ld definitely speak to the power company. We have lines that run up our garden and the trees are lopped by the electricity company every year.
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Rob R
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So they have no cropping issues at least, providing the weather is favourable for getting on the land.
We had a tricky one with a neighbour who didn't want what is actually his ditch digging out, but he let us do it. We had planned on planting a hedge on his land, under our Countryside Stewardship Scheme agreement, but he changed his mind when we started putting up a fence (on his side) because the hedge was going to take up too much of his land  even though we were paying for it & doing the work... Even more frustrating as the land is not exactly productive.
Anyway, back to the point, the ditch sounds a tricky one, but if there is anyone who could benefit further upstream, it would be worth getting them onside. It may also be worth contacting your local drainage board to find out more about the drainage (they should have maps of all their ditches & may be able to offer advice). I'm not sure wether the EA will be interested, but everyone you can think of consulting may add weight to your case.
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magentasky
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Hi Sue,it is the tree company working on behalf of the power company who have walked off the job.....they don't want to get into dispute and the refusal to allow them onto neighbours land means they would have to work harder to remove brash etc which they can't be bothered to do......I have a written agreement with the tree company which they are now renaging on.
As I said in an above post having thought it out I think I will get a surveyor out to clearly define the boundries to avoid future confusion....ho,hum!
Thanks for your reply.
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magentasky
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Thanks Rob xxxx.
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yummersetter
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that hedge in front of ditch situation is interestingly illogical. You have responsibility to maintain something which you can't gain access to from your own land 
I'd wrongly assumed that the boundary was hedge/ours, ditch/theirs.
Abetted by the fact that the neighbours have always dealt with the ditch, guess we were lucky.
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magentasky
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Hi Yummersetter,yes I agree in principle that it does seem crazy to own the ditch beyond the bank and hedge.But when you concider the actual application i.e in constructing the ditch for drainage the land owner marked out the boundry,stood facing their property and spaded the soil onto their own land thus creating the bank.....then it does make sense.There is nothing to stop the owner from leaving a gap for access.
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yummersetter
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I have an old wrought iron gate backed by a mirror opening though the gap in our hedge, (which is at the top of our veg and flower garden) handy whenever you want to go through and drop into the ditch 
I guess ditch then hedge would also have problems, standing in waders trimming the hedge ( should you be so inclined )
We have a youthful and vigorous ash tree on the bank of ours, I've allowed it to grow so far as it masks a 'telegraph' (powerline) pole in the field behind, but sometime soon it'll have to be dealt with, and it's possible we may have similar problems with access/ neighbour powerplay
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magentasky
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Love the idea of your wrought iron gate and mirror,fab stuff.
Hope you don't get probs with your tree in the future,nothing like neighbourly discord to cast a shadow over even the brightest day.
Thanks for your reply and best of luck xxx.
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yummersetter
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yep
it's under a silver birch, so the illusion that you're walking up a path that leads to another garden is strong
better than the view you'd have otherwise of old pigs in mud
(in my opinion )
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Hairyloon
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Usually maintaining clearance from power-lines is the responsibility of the electricity company, and mostly they're fairly flexible about what they'll do to the tree as long as they can get enough clearance for the line: it is easier to take a tree out altogether than it is to keep coming back and poking a hole in it every few years.
Are they standard domestic power lines, or high voltage cables? I'd assume the former, if the latter, then it is very much the responsibility of the power company.
I am a bit puzzled. Do the neighbours claim to own the trees?
Or is it just that their land is the easiest access?
If that is all it is, then just work around it, and take the trees out through your side.
If you can't get a chipper in to dispose of the debris, then just have a damn great bonfire and if the smoke annoys the neighbours then it's their own silly fault.
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magentasky
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Hi Hairyloon,the neighbours claim to own the trees and er um the entire county by the way they carry on.......bad attitude all round I'm afraid,still different horses etc.
The cables are domestic supply feeding only those neighbours,would really love to have a girt big smokey bonfire but am unable to because of the cables......
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Hairyloon
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| magentasky wrote: | | Hi Hairyloon,the neighbours claim to own the trees and er um the entire county by the way they carry on.... |
Good luck sorting that out then. If you're completely confident in ownership, then go ahead. Puts the ball in their court.
| Quote: | | The cables are domestic supply feeding only those neighbours,would really love to have a girt big smokey bonfire but am unable to because of the cables...... |
Well you don't have the fire directly under the cables silly.
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magentasky
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Gosh Hairyloon,hadn't thought of that......!
My garden is quite small and full of luverly and delicious stuff,and (bad planning on my part put aside) the only place for said smokey bonfire is either under the cables or tucked in beneath the monsterous sycamores,if I didn't like growing things as much that might be a thought.....
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Hairyloon
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| magentasky wrote: | | the only place for said smokey bonfire is either under the cables or tucked in beneath the monsterous sycamores,if I didn't like growing things as much that might be a thought..... |
Thought the point of this thread was the take down of said sycamores?
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