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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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,I have field were my boundery hedge keeps getting eaten

Resolved Question:

hi ,I have field were my boundery hedge keeps getting eaten by next door animals have asked them to do something for last 14 month will not do anything what can I do ? can I put rails up that say are fixed to my fencing but overhang into there field possible 2feet ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is it causing damage or just an annoyance please?

Customer:

I have hawthorn edge about 500 yards long and nextdoor animals keep eating it causing damage so does not grow properly

Customer:

hello are you still there?

Alex Watts :

I am here yes.

Alex Watts :

If it has been going on for 14 months, it is not killing it?

Alex Watts :

The animals when they eat it, is that the eaten hedge on your side, their side or in the middle of the boundary?

Customer:

no hawthorn hedge will always grow back animals eating it on there side plus into middle of edge just all throu summer when hedge should look nice and green with birds nesting the edge complety bear

Alex Watts :

Yes. I need to be clear is the hedge on your side or does it straddle the boundary?

Customer:

the edge my side the animals are leaning over fencing to eat my edge

Alex Watts :

So the eaten portion is on your side, you are sure of that?

Customer:

yes for sure I have wire fencing has boundary and planted hedgerow behind it on my side of land

Alex Watts :

Ok - you need to write and ask him to control the animals otherwise you will go to Court.

Alex Watts :

If he refuses then you need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

You are asking for an Order from the Court that he controls the animals etc

Alex Watts :

The Court will send him a copy and list the matter for a hearing.

Alex Watts :

At that hearing the Judge will see if the matter is defended. if so the Judge will set the matter down for trial and decide whether to make an interim order.

Alex Watts :

If the Judge orders that he controls his animals and he does not this could be contempt of Court.

Alex Watts :

He could be warned, fined or sent him to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

legally can I have post rails overhanging into his field or not

Alex Watts :

No

Alex Watts :

Its his land including the space above it

Alex Watts :

If you moved the hedge back so the rails overhung your land, that would be ok

Customer:

ok thank you ,legally his it is responsibility to keep his animals from eating my edge and are I in the right if took it further also should I get a solicitor letter sent to him

Alex Watts :

Yes indeed.

Alex Watts :

Does that help?

Customer:

yes many thanks

Alex Watts :

Can I clarify anything else for you?

Customer:

no that's all thanks

Alex Watts :

Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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