Burgeoning bush causes 'sheer frustration' for Gravesend couple

News Shopper: Burgeoning bush causes misery for Gravesend couple Burgeoning bush causes misery for Gravesend couple

A Gravesend couple have been left frustrated after a bush next-door which took on a life of its own.

Tony Johnson, 72, and his wife Barbara, 67, of Marling Way, were horrified when the foliage tipped over on to their son’s car.

They were forced to put up poles to release the car and keep the bush from collapsing any further into their drive.

A builder donated the equipment but is now beginning to charge rental and the couple are growing desperate.

 

News Shopper: Burgeoning bush causes misery for Gravesend coupleMr Johnson told News Shopper: "It’s been sheer frustration for us.

"We noticed it when we came back from holiday in February and told the letting agents because the owner of the property is away.

"I told the letting agent if he did not get back to me with a proper response I would dump all of the cuttings from the hedge into that driveway.

"They seem to be dragging their feet."

A spokesman for the letting agent, Walker Jarvis Estate Agents and Chartered Surveyors, was unavailable for comment.

Comments (8)

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5:50pm Mon 31 Mar 14

Gypo.Joe says...

If its hanging over into your property just cut it FFS.

A burgeoning bush, ...don't even think it.

THaNK yoU
If its hanging over into your property just cut it FFS. A burgeoning bush, ...don't even think it. THaNK yoU Gypo.Joe
  • Score: -12

6:33pm Mon 31 Mar 14

madras says...

Quite apart from my initial sniggering at the headline on the Newsshopper home page ('Gravesend couple frustrated by next door's big bush') I do agree with above post - I thought the law was clear that you had the right to cut back to your boundary - might need to check about the 'dumping' of cuttings, but perhaps if you offer to turn up at the letting agency's office with some bags full they'll sort it out
Quite apart from my initial sniggering at the headline on the Newsshopper home page ('Gravesend couple frustrated by next door's big bush') I do agree with above post - I thought the law was clear that you had the right to cut back to your boundary - might need to check about the 'dumping' of cuttings, but perhaps if you offer to turn up at the letting agency's office with some bags full they'll sort it out madras
  • Score: 13

8:53pm Mon 31 Mar 14

Dr. Nick says...

Just trim the bush on your side - thats's what we do in our road. What are they waiting for? The "Magic Bush People" to come and cut it for them? Stupid story.
Just trim the bush on your side - thats's what we do in our road. What are they waiting for? The "Magic Bush People" to come and cut it for them? Stupid story. Dr. Nick
  • Score: -12

9:54pm Mon 31 Mar 14

Gypo.Joe says...

When Mrs G gets home I'll ask her to post some tips as she always does a great job on her bush, she trims it all the way back to the bud on the porch.

She loves a little topiary
When Mrs G gets home I'll ask her to post some tips as she always does a great job on her bush, she trims it all the way back to the bud on the porch. She loves a little topiary Gypo.Joe
  • Score: -19

7:41am Tue 1 Apr 14

joertmclark says...

madras wrote:
Quite apart from my initial sniggering at the headline on the Newsshopper home page ('Gravesend couple frustrated by next door's big bush') I do agree with above post - I thought the law was clear that you had the right to cut back to your boundary - might need to check about the 'dumping' of cuttings, but perhaps if you offer to turn up at the letting agency's office with some bags full they'll sort it out
I believe the law allows you to trim back bushes etc. that encroaches on your territory. With regards to disposal, you do have the right to pass all trimmings back to your neighbour, however it can sometimes cause neighbourly disputes so you may want to dispose of it yourself.
[quote][p][bold]madras[/bold] wrote: Quite apart from my initial sniggering at the headline on the Newsshopper home page ('Gravesend couple frustrated by next door's big bush') I do agree with above post - I thought the law was clear that you had the right to cut back to your boundary - might need to check about the 'dumping' of cuttings, but perhaps if you offer to turn up at the letting agency's office with some bags full they'll sort it out[/p][/quote]I believe the law allows you to trim back bushes etc. that encroaches on your territory. With regards to disposal, you do have the right to pass all trimmings back to your neighbour, however it can sometimes cause neighbourly disputes so you may want to dispose of it yourself. joertmclark
  • Score: 8

10:17am Tue 1 Apr 14

the wall says...

joertmclark wrote:
madras wrote:
Quite apart from my initial sniggering at the headline on the Newsshopper home page ('Gravesend couple frustrated by next door's big bush') I do agree with above post - I thought the law was clear that you had the right to cut back to your boundary - might need to check about the 'dumping' of cuttings, but perhaps if you offer to turn up at the letting agency's office with some bags full they'll sort it out
I believe the law allows you to trim back bushes etc. that encroaches on your territory. With regards to disposal, you do have the right to pass all trimmings back to your neighbour, however it can sometimes cause neighbourly disputes so you may want to dispose of it yourself.
There is no legal obligation on the landowner to prune or reduce foliage from vegetation on their property if it overhangs onto a neighbouring property. However, if overhanging vegetation is causing damage to a neighbouring property it can be deemed a legal nuisance. In the case of legal nuisance the vegetation owner would be obligated to abate the nuisance caused and pay the costs of repairs directly caused by their vegetation.

If the landowner is unwilling to reduce or remove the overhanging material, then the affected landowner can exercise their 'common law' rights. This empowers the affected landowner to cut the material back to the boundary. However, if this action is to be undertaken the following considerations need to be taken into account:
The cost of any actions must be met by the affected landowner wishing to undertake the work; it cannot be recharged against the tree owner
The work must be completed from within the affected property, accessing the property or the tree from elsewhere could be taken as trespass
If as a result of the works the tree dies or falls over then the person(s) undertaking the work could be held legally responsible for both the damage to the tree and/or any surrounding property
If a tree/shrub is pruned beyond the boundary line you may be prosecuted for criminal damage
Any removed material remains the property of the vegetation owner, and technically remains should be offered 'back' to the owner. However, the owner isn't obligated to accept it therefore leaving you responsible for its safe disposal. If any material is removed from the council managed trees you must dispose of it yourself in a responsible manner at your own cost
If the tree is within a conservation area or covered by a Tree Preservation Order (TPO) then an application must be submitted to planning services on (020) 8825 6600 or planning@ealing.gov.
uk seeking approval to undertake any work
If the works that are undertaken lead to the tree dying or needing further remedial works then the landowner may look to claim for damages to the tree and/or prosecute for criminal damage


This is basic knowledge, so why have they let it get this bad?
[quote][p][bold]joertmclark[/bold] wrote: [quote][p][bold]madras[/bold] wrote: Quite apart from my initial sniggering at the headline on the Newsshopper home page ('Gravesend couple frustrated by next door's big bush') I do agree with above post - I thought the law was clear that you had the right to cut back to your boundary - might need to check about the 'dumping' of cuttings, but perhaps if you offer to turn up at the letting agency's office with some bags full they'll sort it out[/p][/quote]I believe the law allows you to trim back bushes etc. that encroaches on your territory. With regards to disposal, you do have the right to pass all trimmings back to your neighbour, however it can sometimes cause neighbourly disputes so you may want to dispose of it yourself.[/p][/quote]There is no legal obligation on the landowner to prune or reduce foliage from vegetation on their property if it overhangs onto a neighbouring property. However, if overhanging vegetation is causing damage to a neighbouring property it can be deemed a legal nuisance. In the case of legal nuisance the vegetation owner would be obligated to abate the nuisance caused and pay the costs of repairs directly caused by their vegetation. If the landowner is unwilling to reduce or remove the overhanging material, then the affected landowner can exercise their 'common law' rights. This empowers the affected landowner to cut the material back to the boundary. However, if this action is to be undertaken the following considerations need to be taken into account: The cost of any actions must be met by the affected landowner wishing to undertake the work; it cannot be recharged against the tree owner The work must be completed from within the affected property, accessing the property or the tree from elsewhere could be taken as trespass If as a result of the works the tree dies or falls over then the person(s) undertaking the work could be held legally responsible for both the damage to the tree and/or any surrounding property If a tree/shrub is pruned beyond the boundary line you may be prosecuted for criminal damage Any removed material remains the property of the vegetation owner, and technically remains should be offered 'back' to the owner. However, the owner isn't obligated to accept it therefore leaving you responsible for its safe disposal. If any material is removed from the council managed trees you must dispose of it yourself in a responsible manner at your own cost If the tree is within a conservation area or covered by a Tree Preservation Order (TPO) then an application must be submitted to planning services on (020) 8825 6600 or planning@ealing.gov. uk seeking approval to undertake any work If the works that are undertaken lead to the tree dying or needing further remedial works then the landowner may look to claim for damages to the tree and/or prosecute for criminal damage This is basic knowledge, so why have they let it get this bad? the wall
  • Score: -14

11:43am Tue 1 Apr 14

concerned.erith says...

Cut the overhanging branches off and either dispose of them with your garden waste or put the cuttings over the fence.
Cut the overhanging branches off and either dispose of them with your garden waste or put the cuttings over the fence. concerned.erith
  • Score: 7

10:05am Wed 2 Apr 14

Scorpio42 says...

Really is this for real.. how long did the Johnsons go on holiday for for the bush to become that big ... this article has made my day thank you
Really is this for real.. how long did the Johnsons go on holiday for for the bush to become that big ... this article has made my day thank you Scorpio42
  • Score: 5

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