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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3652
Experience:  Solicitors 2 years plus PQE
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we live in a un adopted lane. with a huge hedge running up

Resolved Question:

we live in a un adopted lane. with a huge hedge running up the lane . this hedge is owned solely by the local bowling club, whom refuse to cut the hedge ?? we as residents get together in the lane and pay a cost of 300 to have it cut back and removed. it grows so large it scratches all the cars in this one car lane . We have asked the bowling green to contribute just 50.00 towards the cost of rwemovel ...can we enforce them to pay please ???
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

Do all the residents own the lane?

Kind regards

AJ
Customer: replied 3 years ago.

yes we do own our side of lane bowling green other side of hedge

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Technically what is happening here is known as a private nuisance. This is where something is escaping from another persons land on to your land that effects the "reasonable and quiet" enjoyment of the land.

What I would suggest you do is write to the bowls club and put them on notice that this hedge is a private nuisance. Say to them that if they do agree to trim it regularly you reserve the right to carry out the trimming yourself and cover the cost directly from them.

The only way to recover the fee is with County Court action https://www.moneyclaim.gov.uk/web/mcol/welcome
The problem is for £50 it really is not going to be worth the time and money, if it was £300 that is different. Is the hedge definitely on their land only?

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

thank you will try this .. yes defo on their land .. could we be liable if gave them the debri back ??

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If there is a cost to disposing of the debris, you would potentially be able to recover this from them as well as long as you put them on notice first.

I would not "return" the debris to them, in the circumstance it is important to take the high ground, if it goes to court you will want to show you have acted reasonably at all times.

Kind regards
AJ
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