How can I sort this out?

Okay, brainy people with lots of experience about stuff and things...

Several years ago, the council allowed the people who built a park behind our house to plant bushes behind my back fence...they actually grow up my back fence. Not only has this meant I'm no longer able to get to it to maintain it from that side (paint with wood preserve etc.), it has also led to a huge amount of suckering into my garden of very robust, thorny bushes (and I mean huge red thorns growing all around the main stem and offshoots). This is just one of the variety of plants that has been encroaching further and further into my garden over the past few years...and each one grows very quickly to a fair few feet.

My property is built on a hardcore base, so I can't even get to the roots to try to deal with them. Clipping them to the floor is my my only solution, but that just means more and more suckers are produced. This year is the worst it's been. I once had a patio area made with square slabs, but now these hardy, woody plants are pushing up between them. A border with specially chosen and cared for shrubs has been destroyed and has now been taken over by these plants coming up and flourishing around them and in their place.

I rang the council a couple of years ago to tell them to stop constantly cutting the original ones behind my fence to waist height, as it was just encouraging them more...AND their buzz saws were constantly banging against my back fence, which is really not ideal, as I'd ultimately be responsible for paying for its repair after years and years of this. I've just contacted them again to complain about the ridiculous amounts of bramble these bushes have spewed into my garden and they said someone would come to see exactly what I'm complaining about.

So...before they come...does anyone know my rights here...I mean, I can't deal with this on my own anymore and it would cost a lot to get it sorted professionally. Are they obliged to offer compensation? Would I be able to request they completely reclaim my garden for me at their expense? I don't know. I always feel like I'm letting people get away with this sort of thing, but, at this point, I'm at my wit's end. I seriously do not have a functional garden anymore...it's that bad.

Thank you for reading...and breathe.

When I saw the heading, I thought it was the nit problem again! Afraid I can't help as Scots and English law are different. I do know that, here, you're allowed to lop off anything which overhangs your property, but your problem sounds much more complex. Would it be worth going to your nearest CAB to see if they have a legal expert who could advise?

Ah...we are totally free of nits...all back to normal...for now. Well...I know I can lop off what hangs over, but that's not the problem. I thought the bushes would be standard shrubs that just grew and could be cut, like hedges. These are shockingly hardy.

The guy has just rung me to arrange a visit tomorrow afternoon and he told me they don't have any problem at all with them suckering on to the play area behind my house. I think he's trying to play it down as just a few spindly sprigs that are coming up. Bearing in mind the mowers they use for the park are huge ride-on monsters. They would manage these easily. We'll see. Ugh.

Have a look at your council's website as there should be a section that outlines the policy on how they deal with trees and bushes that become overgrown or encroach on private property. I think in general if something has crossed the boundry in to your garden the council have a responsibility to clear it and make sure it's not causing any structural damage. Last year my dad became concerned with a patch of land in front of his house as the ground had started to raise which was obviously the tree roots. He got the council and his insurance company involved and when surveyors inspected the server on his front garden it had thick tree roots running through it. It was like something from Day Of The Triffids and it was only a matter of time before they caused severe damage to the sewer system and cracks had already appeared in the brick work of the house. It was a very stressful few months for my dad getting it all sorted but finally a team came out and cut back all the tree roots so there was no risk of further damage and just a few weeks ago they completed repairs to the house so now it's all finished.

Quote: Definitely Tarby @ 7th May 2019, 2:36 PM

Have a look at your council's website as there should be a section that outlines the policy on how they deal with trees and bushes that become overgrown or encroach on private property. I think in general if something has crossed the boundry in to your garden the council have a responsibility to clear it and make sure it's not causing any structural damage. Last year my dad became concerned with a patch of land in front of his house as the ground had started to raise which was obviously the tree roots. He got the council and his insurance company involved and when surveyors inspected the server on his front garden it had thick tree roots running through it. It was like something from Day Of The Triffids and it was only a matter of time before they caused severe damage to the sewer system and cracks had already appeared in the brick work of the house. It was a very stressful few months for my dad getting it all sorted but finally a team came out and cut back all the tree roots so there was no risk of further damage and just a few weeks ago they completed repairs to the house so now it's all finished.

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Trouble is, to sort all the root systems of the suckers, the hardcore the garden stands on would have to be completely hacked out. It's just awful.

If they originate on someone elses land like the council or another resident then it shouldn't cost you anything even if it's a big job to correct it and the fact you reported it a few years ago is in your favour. Hopefully the council or insurance company of the other resident (if the park is on private land) play ball and you don't have to go down the route of litigation.

Quote: Definitely Tarby @ 7th May 2019, 5:21 PM

If they originate on someone elses land like the council or another resident then it shouldn't cost you anything even if it's a big job to correct it and the fact you reported it a few years ago is in your favour. Hopefully the council or insurance company of the other resident (if the park is on private land) play ball and you don't have to go down the route of litigation.

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Well, I have to contact the council to discuss it. The first point of contact today was the department that deals with parks. They put me on to someone else at the council, who is coming tomorrow afternoon. They maintain the bushes that were planted behind the fence a few times a year, so they're assuming responsibility. There's no way the thorny shrub isn't coming up that side as well. It would injure a small child if they tried to grab it and would definitely be a tripping hazard. I need to stand strong!

Do you know where to buy a flamethrower?

Quote: Chappers @ 7th May 2019, 10:46 PM

Do you know where to buy a flamethrower?

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My son has a fire stick. A huge cotton bud type thing you light at each end and spin round whilst dancing. Could work.

The scary thing is I actually think Chappers is being serious. I would leave it alone and not involve fire If you deal with it yourself you then have to dispose of it and it will make it harder to get the council to do something about it. When the council person visits have a list of your concerns on paper so you can address each one with them and make your own notes of what they say. If it's an issue being caused by something on council land they should be looking at getting it sorted without delay to make it as cheap as possible.

Quote: Definitely Tarby @ 7th May 2019, 11:54 PM

The scary thing is I actually think Chappers is being serious.

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