Hedge Dispute Query

[Vespasian]

if asked I'd tidy up and get some money out of it..

 

I wouldn't get involved beyond that, if the neighbors think your up to something like goin to court on their behest, they might take your number and send you on all kinds of fools errands..

 

best to let these people sort out their own disputes and not drag other people into it..

[fagus]

Records are needed of ownership and previous condition for any authority to assess what has happened.

The first hurdle will be to establish definite ownership of the hedge, if it is wholly their property it has been damaged and, if they have not already done so, it should be reported to the police as such i.e damage to property. It may only get a visit from the police sometime in the future.

For damages financial loss has to be established and with a hedge which will grow again that might/will be difficult.

[AA Teccie (Paul)]

A

 

... it's not in a conservation area so I'm not sure what can be done.

 

Thanks

 

Relevance?

 

Don't stray beyond your field of expertise and competence I would strongly advise.

 

Tc..

Paul

[Gary Prentice]

Relevance?

 

Don't stray beyond your field of expertise and competence I would strongly advise.

 

Tc..

Paul

 

As Paul said, leave the legal stuff to the legal profession. Act in an arboricultural capacity only.

[AA Teccie (Paul)]

Act in an arboricultural capacity only.

 

AND to the level to which you are qualified / competent / experienced, i.e. "know your limitations."

 

SORRY if that sounds a bit patronising, absolutely not meant but I am concerned when people see what they consider may be an opportunity to earn a few quid n go out of their depth n risk coming unstuck.

 

My point about the Conservation Area is that is of no relevance to hedges in terms of legal protections, well not under the TCPA, although it may be considered a contributory factor to heighten the amenity / wildlife / ecological value...perhaps.

 

Don't forget about the appropriate PI insurance too.

 

Cheers

Paul

[Jon Heuch]

At the weekend I'm off to look at a hedge that has been reduced badly by the owners neighbour without permission. I need to give an assessment and advice on the condition of the hedge; what do with it and what can be done with regards to potentially taking the neighbour to court (still at the early emotional stage).

 

I haven't seen the hedge yet or even know the species so I can't offer up any more details yet on that front but I wondered if any body here has any experience with these neighbour and hedge disputes and has any advice. At the very basic level it's a case of vandalism but it's not in a conservation area so I'm not sure what can be done.

 

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.

[Gary Prentice]

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.

 

All the answers in one post, anything else is probably superfluous

[Starscream]

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.

[Stubby]

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.

 

Have you ever got involved with a neighbor / boundary / damage dispute ? ( not your own ) If so how did you get on ?

[daltontrees]

At the weekend I'm off to look at a hedge that has been reduced badly by the owners neighbour without permission. I need to give an assessment and advice on the condition of the hedge; what do with it and what can be done with regards to potentially taking the neighbour to court (still at the early emotional stage).

 

I haven't seen the hedge yet or even know the species so I can't offer up any more details yet on that front but I wondered if any body here has any experience with these neighbour and hedge disputes and has any advice. At the very basic level it's a case of vandalism but it's not in a conservation area so I'm not sure what can be done.

 

Thanks

 

I was involved in one last year, the vandal nearly got a custodial sentence but got off with a lng stretch of community service yet. It aint over yet, and the criminal case may move on soon to a civil case. It involved some heavy-duty valuation arguments.

 

I disagree with everyone on here that's saying don't get involved. Tell your clietn what your abilites and limitations are and let them decide if yu would be the right kind of representation. Then get a brief and stick to it. The case might be complicated but the usiness of getting involved or not isn't.