Over the winter, we had the opportunity to make a client’s
outside space look brighter and bigger. The property a new build home had a
small dark front courtyard, as a result of the neighbour’s large misshapen
overhanging fir tree. The courtyard had dark gravel, weeds and a great deal of
debris which dropped from the overhanging branches and not to mention the
droppings from the pigeons living in the foliage overhead! Not a pretty sight!
Now the obvious solution to this is to approach the
neighbours and come up with a reasonable solution to either reduce the tree in
height, thus stabilising the tree or as the tree was so misshapen take it down
completely and replace it with something more suiting to the location. Or so
you would think! It is a potential ‘neighbouring dispute’!
Your rights within the law in this country is if a
neighbours tree, shrub or bush overhangs you perimeter creating a problem. You
are entitled to remove the overhanging branches up to your boundary line only,
making sure before you do this that the tree concerned does not have a preservation
order on it! Again it is good neighbourly behaviour to advise your neighbour that
you are going to do this. You must ask them if they require any branches and
leaves that belonged to the boundary hedge back as they are your neighbour’s
property. You can’t just throw them back into the garden of your neighbour as
this is considered fly tipping! Our clients are Malaysian, just arrived in this
country to their beautiful new home. The law in Malaysia is that if your
neighbour trees, shrubs etc. overhang your property then the owner of said tree
has to have them removed at their cost. A much more sensible option?
If you have tried to negotiate with your neighbour over the
reduction of the “high hedge” impacting on your property, and they are being
difficult about it, then another way of dealing with this issue is to approach
your local council under the High Hedge act; Anti-Social behaviour act of 2003.
The council will then mediate on your behalf for a fee of circa £400.00. If
found that the hedge is too high and therefore anti-social they will enforce
the owner of the hedge to remove/lower the height of the hedge at their
expense. However this can be time consuming!
Our clients being very reasonable, honourable and decent
people requested that I went around to speak to the neighbours on their behalf
to explain the problem …. Here we go! So first I wrote to the neighbours
explaining the situation, (they were not unaware of the problem, the
developer had already written to them about the issue and I had a copy of that letter.) A week later, I rang the gate bell of the neighbours and the automated
gates opened.. I walked in and went to what looked like the front door. No one
came to greet me. So I went back to the gate and rang the bell again assuming
that the owners would talk to me over the intercom. Nothing happened apart from
some very strange incomprehensible electronic sounds out of the speaker … I
waited and waited … But after about 5 minutes still nothing happened….With the
exception of the electronic gates opening and closing .. So I moved on to the
other neighbour who had other tree’s that were overhanging my clients garage to
advise them that we were going to take the branches down. This neighbour was
full of courtesy and was happy for us to take the damaged trees down. As a
gesture of good will I offered to replace the trees with some new more
appropriate specimens of her choice. Simple!
Suddenly, I became aware that someone had come through the
electronic gates behind me. I approached the women, smiling (I had no reason
not to smile!) As I got closer I could see that she was extremely agitated. I
said ‘Hello’ … ‘I am working next door and your fir tree is overhanging my client’s
garden creating a mess and shade …. My clients would like to remove the overhanging
branches as they are undermining the roof of their garage….. ‘This women went ballistic
… She pulled on to her hair saying that she was about to wash it and I had
disturbed her… She said she hated the developer … And that her house was here
first! …(This was not going according to my plan!) .. This woman continued to
rant, her voice rising in volume’ … It
was spectacular in a bizarre way … I started to wonder what I had said that had
produced such a hysterical Cruella de Vil performance; it was like the moment
in the film when Cruella realises her two Hench Men had lost the valuable
puppies!!
I am not a wall flower, (anyone that knows me will tell you
that!) But I am all for peaceful negotiation where possible. So … I tried in
vain to pacify this enraged contorted puce faced women. I pointed out the facts
in as nicer manner as possible. Best tactic I could think of when dealing with
a screaming hysterical banshee. She threw her hands up, pulled further on her
hair and screamed that she was going to see me in court! Rolls eyes … Like I
have said before Interior Design & Landscaping is a dangerous career!
The problem I have found with this job and dealing with my
clients neighbours over the years is that in most cases it is not about the
problem in hand, in this situation, for example, the overhanging branches. It
is about something far deeper… No one likes change and jealousy’s set in … And
become deep seated… It is ‘road rage’ on a property level …
Subsequently, I received a three page letter from this woman’s
husband to the office. Stating that my ‘invasion’, (ringing the gate bell!) Had
upset his wife, his letter was full of misinformation that was completely
irrelevant to the situation in hand. The overhanging branches! It was full of
vitriol, personal insults and information on how important their lives are over
a menial like me? I am not without caring for people’s emotions and personal
feelings, but some rational approach needs to be taken?
Yes I really have to deal with this type of nonsense
regularly! More often than you would think! ..My advice if you have a
neighbouring dispute is; try and stick to the point! Most neighbours just want
what is reasonable .. It is not a personal attack on the way you choose to live
your life .. Try and negotiate for a happy all round solution to the problem …
Try and take your neighbours feelings into account … Don’t turn it into a war
.. And I should point out that it does not matter how long your house has
inhabited its location if the local planners have approved planning then there
is nothing you could do about it! Move on!! Please note I understand these
things can be difficult … But be reasonable ….
The upshot of all this … Is that my courteous Malaysian clients
are still dealing with these neighbours writing polite letters in order to
negotiate with these people … But these disputes can go on for ever! …
So in the meantime … Our brief was to make the dark
courtyard brighter. We replaced the dark gravel with bright creamy white
Travertine paving slabs. Put in a huge, nearly 4ft high pot with a bespoke stainless
steel water feature in the corner of the courtyard. Installed uplighters and
down lighters in stainless steel, which creates views, atmosphere, movement and
sound and in the evening focal point oasis of light. Installed a bespoke wooden
planter filling it with sculptural plants, which as they grow will give shape
and form. This completely opened up the area, made it feel much larger and to
some degrees has actually defused the darkness caused by the overhanging trees.
