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  1. #11

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    Hello, Sounds a load of BS to me! I would first be putting everything in writing so you have a record/history if it becomes necessary. They have no right to claim you should do the maintenance because it gives you privacy - thats totally irrelevant (and total BS!) and the enitire situation rests on the legal ownership of the hedge and govt legislation which includes local by-laws. Ask them to refer you to the specific by-law and/or Govt legislation which shows/proves you are liable to maintain the hedge if it is not on your property. If they claim it is on your property, my understanding is the onus is on them to prove that. I'd be requesting that proof (otherwise they have no right to claim you're liable for maintenance on it) in the way of a survey and physcial inspection to show exactly where the survery pegs/discs are etc. I've used this tactic myself and it has worked - the minute you ask them to refer you to the by-law which supports what their request and there isn't one, they back off. If there is, then you're stuffed sorry! I'd also suggest they remove it in order to save the ratespayers cost every year anyway - & that way no one is liable for any maintenance. Good Luck! Regards.

  2. #12
    Join Date
    May 2008
    Posts
    3,530

    Default

    If you don't own the land the hedge is on then I don't think you are allowed to touch it at all.
    I mean, if I walked along to this hedge and hacked a few holes in it, would they mind?
    If they want you to trim it, are they letting you decide on the quality of the trim?
    If you did a bad job of trimming it, would they object?
    I'd let the 20 day notice run out and see what happens - and talk to the media and fair go about it.

  3. #13

    Default

    Quote Originally Posted by Bob Kane View Post
    If you don't own the land the hedge is on then I don't think you are allowed to touch it at all.
    I mean, if I walked along to this hedge and hacked a few holes in it, would they mind?
    If they want you to trim it, are they letting you decide on the quality of the trim?
    If you did a bad job of trimming it, would they object?
    I'd let the 20 day notice run out and see what happens - and talk to the media and fair go about it.
    Just to clarify, you can legally trim anything up to your boundary line. But you can't go beyond that.
    However if Council have requested you to, I doubt they would have any recourse if you did decide to 'trim'
    Of course it would have to be reasonable.

    But they can't force you to trim a hedge that is on their land. But equally you can't force them, unless its causing a significant nuisance or damage to your property.
    In which case, you would usually have to pay.

    HTML Code:
    https://communitylaw.org.nz/community-law-manual/chapter-10-neighbour-disputes/trees/

  4. #14
    Join Date
    Aug 2003
    Posts
    7,609

    Default

    They're not leading a good example for private citizens, businesses etc when they are either ignorant of the law or they are choosing to just flaunt it for their own benefit. What hope do we have if that's the precedent? There are too many examples of abuse of power. Thanks for sharing your experience and keep us updated with posts as events unfold.

    cheers,

    Donna
    Last edited by donna; 13-06-2019 at 02:12 PM.
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