Am probably heading to Disputes Tribunal to get a ruling on my intent to replace a dead and dying hedge with a timber fence. Neighbours are claiming the existing hedge is adequate, I'm claiming otherwise. In order to show this I've taken photos from my side, but of course, can't access their side (is a rental too and don't want to put their tenants in the middle). Is it okay to stick my arm through one of the (massive) gaps in the hedge to take a photo looking back at my side to show the condition? Or is this trespassing? Looks like a contributing factor to dead plants actually caused by neighbours overzealous hacking back at some stage and so would be useful as evidence. Should still have a strong case without the photo though.
gpg58,
Sep 21, 6:01am
Get a ladder maybe, and take photos from footpath? But what's the worst that could happen anyway, don't you have to get a warning first for trespass.
comadi,
Sep 21, 8:42am
Just take the photos from where ever you want and keep them as back up, then go ahead and cut it out and build your fence. If in the unlikely event they are not full of crap and are not just trying to justify not paying half, let them go to the disputes tribunal.
Once the fence is built you wont hear a peep.
Two things to remember 1 = It will be at your cost and 2 = make sure you get your boundary's right & and any applicable permits.
spiritofgonzo,
Sep 21, 8:47am
Who's property is the hedge growing on?
bugalugs,
Sep 21, 9:16am
The trunks of the hedge plants are directly along the boundary, with most of the dead wood on the neighbours side (at some point the cut it right back to hard and its killed most of it) and the bulk of the living hedge on my side (because I've kept it regularly trimmed, it's healthier). I had thought about cutting back to the boundary myself and then building just inside my side, but the effect would be to kill the rest of the hedge in doing so, so seems to make more sense to convince the neighbours of the sense in just pulling it out. Wouldn't be cheap to pay for it all myself, but am starting to think it might be worth it. waiting on their response to my response to their cross notice and will then see what happens. Fingers crossed.
nzjay,
Sep 21, 10:21am
I think you need to get legal advice. perhaps from your local Citizens Advice Bureau or Law Society free advice. I think if notice is legally served in the correct manner, the neighbouring owner is obliged to respond. However the most they are legally obliged to contribute may not be half the costs of what you propose, but rather half of a basic fence (8 strand wire?) so you need to be aware from your legal advisor just what to expect. Your local Council may also have fencing advice available on a website. Good luck!
buddytom,
Sep 22, 12:29am
Put the timber fence on your side of the boundary and on your property, then problem solved as its your fence and neighbor does not have to be consulted
Make sure it meets all council by laws etc.
wasgonna,
Sep 22, 12:58am
Haven't you got a "Selfie Pole" for photos? I thought I was the only one without.
bugalugs,
Sep 22, 1:39am
Wasgonna, I used the old fashioned selfie stick - my arm - but not a bad idea as it could give me a longer perspective.
cantabman1,
Sep 22, 1:54am
It sounds like you need a selfie stick lol.
cleggyboy,
Sep 22, 2:01am
May i ask what sort of hedge? I have abelia grandiflora and there is dead patches everywhere. It grows very easy from cuttings but once planted in the dead patches they die as well, almost as if there is something in the soil that is affecting them.
eagles9999,
Sep 22, 2:09am
Actually they are only obliged to contribute half the cost of building a basic fence that is the same as most other neighbouring properties have. SO if the most predominant fence is a 1.8m paling fence that is all you can be required to contribute. But if the hedge is seen by the Disputes Tribunal as being an effective boundary separator than you will probably lose
tigra,
Sep 22, 2:12am
By the way have you issued a "Fencing Notice"?
lythande1,
Sep 22, 3:43am
First you must talk with the neighbour - that is the owner, not any tenants. You may have to go to court if you don't agree, and then:
Can my neighbour refuse to pay? In certain circumstances, yes. If they do not own the property or believe the existing fence is adequate or think your proposal is excessive, they can serve you with a cross??
bugalugs,
Sep 22, 6:09am
Yes, I have issued a fencing notice to the owners and they have responded with a cross notice. I have gone back correcting errors in what they claim and I'm waiting on their response to that. I think their real issue they just don't want to pay for any of it, but they haven't said that. There are a variety of plants in the hedge, it was originally phebalium, but as individual trees have died, they've been replaced with pittosporum so, so it's a bit of a dogs breakfast. The remaining phebalium is massively rotten and the pittosporum overgrown at the edges and the centre dead. In my respond to the cross notice I have offered that they could contribute less than half. Hopefully they will come to the party.
comadi,
Sep 22, 10:04pm
I wouldn't waste your time or money on legal advice. The neighbour wont legally have to pay anything as you are proposing to replace a hedge with a fence. If you talk nicely to them and they contribute in any way then it will be a bonus.
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