Because the site was off for nearly two weeks, all of the work I did in the past getting recognised on the web seemed to disappear. Before the “Great Crash of 2011” I was getting up to 2500 page hits a day from gardeners all over the world. This has now dropped to about 40. How soon we are forgotten! Hits are rising again and I’m sure I’ll be back up there on the top of Google shortly.
Questions and Answers
As soon as the site came back I had a few gardening questions to answer. Some of the issues raised this week show that neighbourly disputes with boundaries can get very serious and out of control. Most of the time boundary problems can be sorted out amicably. It’s only is extreme circumstances that you will need to seek legal help.
Before you read them though I must stress that it isn’t me giving the advice to the problems so take no responsibility for their accuracy. Ah, the joys of the legal system.
Neighbours tree causing damage.
Q. The roots of our neighbour's tree have damaged our side path and garage wall. They have only been living there for a year and a half and obviously did not plant the tree.1. Who is responsible for repairing our path and wall?
2. We have asked them to take the tree down and they are considering this. However if they refuse, we will need to think about cutting the roots and erecting a root barrier. If they agree to this, who is responsible for paying and which side of the fence should they be cut from?
A. They are responsible for the abatement of nuisance after you have established (proved) the tree is implicated and served formal notice. The abatement of nuisance may fall short of felling the tree, they probably only need to cut the roots from their side. The neighbours or their insurance company are only responsible for damage that occurs AFTER you have served formal notice, so right now the costs of repairs and rectification fall on you.
Installing a root barrier is your choice and your expense. I would stress here that dealing with issues such as this will best be done with the neighbour directly.
Transparent Hedge
Q. We have a very long privet hedge down one side of our property. The neighbours hacked the hedge back to the very edge of the boundary. My neighbour asserts that it is his right to cut it back to the boundary. However we are now left with a hedge that I think is completely died. There are no leaves on it and it is completely see-through I can basically see directly into my neighbour’s garden and he can see into to our garden. Before he cut it back we couldn’t see anything through the hedge.A. Your neighbour had every right to cut back the hedge to the boundary because it’s trespassing. However Privet is tough as old boots and will quickly re-grow.
Invasive Cows
Q. My garden backs onto a field where the farmer keeps cows... I have a 4 ft wooden fence along the back of my garden, but the cows are now leaning over to eat my shrubs and plants resulting in the fence being broken. I contacted the farmer who told me that it was my responsibility and that I shouldn’t plant anything in my garden! I cannot afford to keep replacing the fence every summer and wondered if anyone knew of farmers obligations for his livestock etc.Any helpful advice would be most gratefully received!
A. All livestock owners have a duty to retain their animals. The farmer could install a barbed wire fence back from your wooden fence to retain his livestock. Other ideas could be to make the fence higher with wire so it keeps them from nibbling your shrubs but doesn't spoilt he lovely view of the cattle, barbed wire might be a bit excessive. If you have the room try growing an attractive hawthorn hedge, one of the best deterrents you can get.
You are entitled to grow what you like in your own garden by the way...
