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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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we put a hedge up 30 years ago inside out boundary line, on

Customer Question

we put a hedge up 30 years ago inside out boundary line, on our right hand side as we bought the propery from the council and it was open gardens then. we maintained the other side of the hedge because there was an elderly widow living there. in recent years a young couple have moved in. we own ours but they are a housing association house. we have had problems from them with loud noises. they have 2 dogs and 6 cats. we have cut the hedge once and have told them we expect them to trim their side now. we keep our side done regularly. Their dogs are now getting through onto our land. the cats are always fouling our garden. have asked them to keep their dogs on their property, but they say it is us that has to put a fence up, cause the hedge is nowing starting to get gaps in it.
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.

Is your question about noises,,

dogs or cats,

or them trimming the hedge?

What have the gaps in the hedge got to do with this apart from
allowing the dog through?

Customer: replied 4 years ago.

mostly about the dogs getting through and fouling our lawn. neighbour says we should look after hedge their side cause it is our responibility.

Customer: replied 4 years ago.

Haven't had a answer from you yet

Customer: replied 4 years ago.

Am I going to have an answer for my money

Expert:  James Mather replied 4 years ago.

I am sorry, but this is not an instant service because we
are all solicitors in practice. We do not sit online 24/7. We all have clients
and court and other users on this site and travelling and weekends and evenings
etc. We are often on and offline all day every day. Sometimes therefore you
will get an answer in minutes and sometimes it is hours. The site does give the
impression that experts will answer in nanoseconds will unfortunately, the site
is hosted in San Francisco and we are all based in the UK and we have no
control over site content.


They may like their side of the hedge looking a mess and you
cannot compel them to cut it nor can they compel you

You also cannot do anything about a cat because a cat is classed
as a free spirit and therefore it can come and go. Indeed, the cat can legally
wreck your house and garden and you have no claim against the neighbour.

If you harm the cat, you will be prosecuted for cruelty.

If you harm the dog you would also be prosecuted for cruelty
however the owner of a dog is responsible for the actions of the dog and the
dog fouling and generally making a mess and digging burying bones etc is
common-law nuisance.

This would be relatively easy to resolve by simply putting some
chicken wire along the hedge assuming of course that the dog will not jump over
the top or find another route in.

If you don't want to have the expense of putting offence or wire
up, you're remedy is to apply to court for an injunction to compel them to keep
their dog under control. A solicitors letter warning them that if they do not
do so, you will apply to court for an injunction to compel them to keep the dog
under control and you were last the court to award costs against them.

There is always a risk with litigation and it is probably going to
be more risk-free and cheaper to put the fence of yourself and it is to go to
court although, if you do go to court, you will probably indeed get the costs
awarded against the neighbour. You can also threaten an action against the
landlord for allowing this to happen.

Does that answer the question? Can I assist further or answer any
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PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
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sometimes they slip through. I apologise therefore if anything doesn't make
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