What are we allowed to do with our conifer hedge (there is no question of common ownership)?

Questioner

The conifer hedge in our garden, over a stretch of 50m, is neglected and dying. At the back, the trees are about 6m high. On our side, this is worse because we are facing north. On the neighbours' side, the conifers are in a less bad condition and they do not want us to remove the hedge. Their garden gets more light anyway because the hedge is facing south. We want the hedge, which is on our property, removed. There is no honour to be gained from it anymore, there are holes in it and it is ugly to look at. We discussed our wish with the neighbours, they became very angry and are now threatening us with legal action to force us to uproot the conifers at our expense. According to them, a possible new hedge on their property - 50 cm. from the property boundary - cannot grow. They absolutely want an equally high, evergreen hedge back - conifers or perhaps laurel - but we cannot handle the maintenance (we are 60 and 62). We already have a laurel hedge at the front of our house that keeps us busy and also a piece in the back garden with the other neighbours. We also do not want a 6m high hedge anymore, although that is, according to an employee of our municipality, something we cannot do anything about. The neighbours are not prepared to compromise - fencing with ivy, fence, deciduous hedge and it is starting to get out of hand (angry letters, angry visits to the door, angry e-mails, angry text messages, angry phone calls). We tried to resolve it in an amicable way as we also succeeded with the neighbours on the other side, but unfortunately this did not work out. Big question: Can we have our hedge cut without the neighbours being able to force us to remove the stumps later? They are threatening us with a lawyer, specialised in tree law, because their new conifer hedge would grow poorly next to the old stumps on our property. With many thanks and kind regards,

Lawyer

The most important question here is what kind of relationship you want with your neighbours in the long term. A unilateral decision to remove the hedge will not improve the relationship in any way. You indicate that there is room for an alternative solution and that attempts have been made to enter into discussions with your neighbours, but that these have not yet had the desired result. Mediation may be able to help in your situation. In mediation, the parties enter into discussions under the guidance of an independent and neutral mediator and work towards joint agreements. If you would like more information, please feel free to call or app me (06-45494465).

Lawyer

Apart from the above, the following applies legally: a joint hedge on the property boundary is owned by both neighbours. However, according to the law, it is not a dividing wall. Each neighbour may force the other to cooperate and bear half of the costs and charges for the construction of such a dividing wall. Even if that means that a hedge has to disappear. Of course, there are other conceivable solutions, such as: you will redefine the boundary together and transfer the hedge and the land, with or without compensation for a sum of money. You can then place something else on your own property and you no longer have the maintenance costs. It must also be checked whether this hedge is actually jointly owned. By making your legal position clear, you will be in a stronger position when mediating between neighbours in a conflict situation. For more information, please contact me.

Lawyer

You also stated that there is no question of a shared hedge. What grows and blooms on and in your property (land) is yours and you may do with it as you wish, unless in this case the hedge is part of a municipal protection. The neighbours have no say in it.

Lawyer

additional: regarding your question about the stumps (you want to leave them there) this is too technical for me to answer. It could be that your neighbours cannot plant a hedge themselves because of this and that you now indeed have to take that into account. Of course you can also ask a professional to give an opinion about it.

Lawyer

Hi. You were wondering if you could ask a gardener for a second opinion and yes, that seems like a good idea. After all, the question is whether neighbors have a legally valid argument to be allowed to claim the additional work of removing the stumps from you in order to prevent damage to their future hedge. (growth/bloom)