Hedge Dispute Query

[daltontrees]

I would disagree with some of the views expressed here. Your original post was created because it's not something you've dealt with before so I'd say get involved. Don't go round their house every week for a tea and a chat, but surely you'll gain the experience necessary to deal with this type of dispute. You'll be "earning what you're learning". You say you're qualified to write up reports etc so price accordingly and gain the experience. If you don't, you'll be starting another thread the next time something like this comes along, instead of being in the position to help someone out who is in you're current position.

 

I would agree with your disagreement. Ambition, success and confidence are intimate bedfellows.

[daltontrees]

Others have provided some useful advice re competence and your limitations/expertise. I would not give legal advice but you could very usefully a) take some photographs of the hedge at the time of your visit, preferably with the photo imprint "ON" so each photo has the date on and b) ask your client if they have any photographs of the hedge prior to it being cut. Take photos showing the whole hedge and landscape and more detailed photos showing the quality of cut, height and any lack of privacy created.

 

There are two avenues the legal dispute could go 1) in the Criminal Court if the police can be raised; unless the land/hedge is of some public importance or owned by someone who can pull some strings you are likely to get the response: " it's a civil matter" which it might be, but it is also a potential criminal case under Criminal Damage. 2) in the Civil Court. Unless you have experience of providing an Expert's report I would take photographs and provide a written quotation of the reasonable cost of undertaking whatever work you think would be worthwhile. Don't inflate your quotation and if you are being asked to add things on which you don't think are necessary break them down into separate items, making it clear what each covers. If you think providing a quotation is all you are going to get out of it I think it would be reasonable for you to charge for your time to visit, mileage and provide the quotation & photos. Don't stray from what you know.

 

An expert may only be called in in 6 months time+ and your photos will be much appreciated and some work might come your way much later.....but don't depend on it.

 

Yes, probably best to stick to providing evidence rather than being (or worse, pretending to be) an expert witness.

[Tom D]

Standing up in court and being cross examined by a lawyer is actually a pretty scary thing, you need to be confident in your knowledge for sure. I'd do it again if I was asked, but I don't go chasing that kind of work.

[daltontrees]

For sure, Tom, but a lot of them are not very good, and you can be sure that they know almost nothing about trees even if the pretend to, their job is usually to unsettle you, trip you up, find inconsistencies in waht you say and limitations to your knowledge. Always telling the truth and not rising to their provokation and admitting to the limitations of what you know works every time. Judges like credible witnesses and will prefer them to smart-asses and the client's case will be aided as a result.

 

I suppose the consistent good advice in all things professional applies here, as advocated by Jon Heuch earlier. If you're not up to it, don't do it, you will get busted.

[Bogoak]

There is no indication here that there is a dispute over ownership, so I wouldn't be too concerned about getting involved: the rights and remedies open to the owner should be quite clear.

 

If ownership is disputed, then obviously you can do little other than assess and report.

[Woodcrafter]

There is no indication here that there is a dispute over ownership, so I wouldn't be too concerned about getting involved: the rights and remedies open to the owner should be quite clear.

 

 

 

If ownership is disputed, then obviously you can do little other than assess and report.

 

 

Exactly and if it's a clear cut case that the hedge is in your clients garden and the neighbour has cut it. It's a case of photographing what's been done ie. Cuts and perhaps a view of the hedge. There won't need to be anymore evidence than this to be passed onto a solicitor it's simple it's in there garden and the neighbour has trespassed caused criminal damage or vandalism and dependant upon timber size possibly stolen if any wood of value has been taken (not that there is much value in small hedge tops). It might be a good idea to quote for rectification but not actually carry out the works until they've been to court if they wish to pursue.

[Betula]

Thanks for all the advice. I went to view it yesterday and is often the case it was very different than described over the phone.

 

Basically what was described as a hedge that has been hacked down is actually a shrub (Elaeagnus x ebbingei) that has been cut back to bare stems on one side. It is along a shared access driveway, which belongs to the people who contacted me, that the neighbour cut back as he believed it was damaging his van. Luckily the other neighbour filmed the whole thing, so the act and who is responsible is all on tape.

 

What they wanted from me was advice on what to do with the shrub as they have had quotes from other businesses; one saying to cut it out and remove it and the other was to trim it back regularly but they were convinced it would become diseased; both for a lot of money. My recommendation is to trim the top as standard to encourage bushy side growth, put down some shrub compost to help it along and nurture it back into shape but pointed out that Elaeagnus is planted in urban landscapes because it is very vigorous and hardy and can tolerate being hacked, van drivers crashing into it etc...

 

All they want from me is some advice and a quote which i'm happy to do but thanks for all the advice

[Vespasian]

LOL all that for nothin, I almost expected fists to be flyin...

 

One thing this case does remind me of though was an incident I had some years back, delivering a fridge to my friends dads house.

 

Gets to the address, a courtyard complex with tight parking area..

Why Reversing to straighten up all hell breaks loose, this old woman screaming at the top of her voice, "you've run over mi wall" she shouts.

Crap, how much is it gonna cost to fix this I thinks.

Her an her husbands pointing fingers near my back wheels.

I gets out a bit puzzled not havin seen said wall or felt any impact, then tried to see the damage done..

I had to look twice, focus in a bit... "you mean that" I pointed at the coping stone my van had pushed over an inch...

 

that's my bloody wall you just knocked over, an you can pay for the damage.

 

Can I now I said, drove my van forward an pushed the coping stone back into position..

If you don't pay for it I'll get the police

Go on then get em, I'll wait here till they arrive..

You cheeky B****d she says, I'll show you, Jack, phone our Mike get him round here now..

 

Strewth I thinks, I've only come round to deliver a fridge and now she wants the son in law round to sort me out..

 

Look I said, is that coping stone broke!!!, no she says, then I ain't paying for a new one and no matter what you say or who you bring round your still not gonna get me to get you a new one.

 

She new she'd met her match I think, she drifted back into her house, but not before she told me that next time I turn up round these parts, I'd better be more careful or she was gonna get me done... LOL

[5 shires]

Wait till you see the job and what spieces of hedge it is,how bad it looks....it may not be as bad as the owner of the hedge thinks it is....then take it from there...and like I said...charge accordingly...if he wants you to do any written work as well as doing the job...don't let them think your time writing out anything will be price included actually putting the naigbours handy work right.

 

Like I said....you just never know till you see the job for yourself.