How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Nicola-mod Your Own Question

Nicola-mod
Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 11
Experience:  Moderator
73944119
Type Your Property Law Question Here...
Nicola-mod is online now

Hi Josh, I will use your advice to follow through on the damp

Customer Question

Hi Josh, I will use your advice to follow through on the damp work to make sure that happens as I will not be able to get over 50% of the freeholders to come together now as they have all already paid with exception to one. I will also make sure I take the action you prescribed when it comes to the redecoration work planned for the rear of the building next year. The management company have now issued the confirmation start date of works. They have stated that if any hedges in gardens are not cut back to allow the painting of the iron railings, the contractors will be instructed to cut it back themselves and the costs billed to individual freeholders. My question is - my garden and my hedge belong specifically to my property (all the basement flats have their private front garden, not communal garden). Is there a law against someone cutting your hedge without your permission? For example, if I cut my neighbour's tree without their permission, I'm sure they would be able to sue me for doing so. I do intend to trim my hedge back so they can get to the railings but I do not want to make it so short it is practically bald. I am worried that the contractors may then cut it shorter if they want to to make their life easier to paint the railings thinking they have permission to do so when they do not. Can the Directors of the Freehold company do this or would they need my consent/ permission? Thanks again.
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Is the garden demised to your property exclusively please?

Joshua :

Is the hedge planted entirely within your boundary?

JACUSTOMER-spbgp26m- :

Is the garden demised to your property exclusively please?

Is the hedge planted entirely within your boundary?
JACUSTOMER-spbgp26m- :

Sorry, I hit the return button by accident, answers are: Is the garden demised to your property exclusively please? YES

Is the hedge planted entirely within your boundary? YES

Joshua :

Thanks. Lastly is there a right for the landlord to cut your hedge or otherwise maintain your garden in the lease?

JACUSTOMER-spbgp26m- :

I will need to check my lease again when I get home in about an hour.

Joshua :

No problem...

JACUSTOMER-spbgp26m- :

I have checked the lease and there is no specific clause stating that the landlord has the right to cut my hedge or maintain my garden. There are other general clauses about upkeep of the 'House' and 'Building' etc.

Joshua :

Thanks. On the basis that the hedge is planted on land demised to you and the landlord has no rights in the lease to enter onto your land for the purposes of maintenance then third parties must seek your permission to cut into your hedge as it is your property. To do so without your permission can be a trespass and that person can be liable to you for damages.

Joshua :

If the hedges are overgrowing onto land which is not within your demise then such parts can be cut back to your land though you have a right to the return of such parts that are cut back

Joshua :

Is there anything above I can clarify for you?

JACUSTOMER-spbgp26m- :

Thanks. I did say that there are general clauses and they do state the landlord has rights to enter for maintenance but it doesn't specifically state the garden or hedge. Does that change anything?

Joshua :

The landlord always has a right to enter for maintenance purposes in a lease. The landlord can only use such provisions where he can demonstrate maintenance is reasonably required under his obligations in the lease. As he is unlikely to be responsible for maintaining your hedge such clauses will not assist him

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

JACUSTOMER-spbgp26m- :

Ok, thanks. Just to be totally clear, does that mean the Freehold Directors acting as 'Landlord' do not have the right to instruct contractors to cut my hedge without my permission, even if they say it is required in order for the contractors to paint the railings? The railings would be deemed the landlord's responsibility to maintain. Or could they argue it is reasonably required to maintain the railings?

Joshua :

Are the railings on your land or common land? is the hedge overgrowing the reailings?

JACUSTOMER-spbgp26m- :

The railings are on top of a low brick wall which is in front of my garden. The hedge is in my garden and grown in between the railings. I am happy to trim it back so they can paint the front of the railings but I don't want to cut it all away in order for them to paint all 4 sides of each railing. To do that, the whole hedge would have to be cut.

Joshua :

Thanks. Are the railings outside or within your demise?

JACUSTOMER-spbgp26m- :

The wall and railings form the boundary that separate my garden and the main pavement/road. The lease states that landlord is responsible for the maintenance of railings.

Joshua :

Thanks. On this basis if the hedge is overgrowing the railings it can be cut back so that it does not overhang the railings.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

JACUSTOMER-spbgp26m- :

Sorry, do you mean the Freehold Directors have the right to do this?

Joshua :

Either the freeholder company or if there is on the management company has a right to do so acting by its directors

Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions