Neighbor Dispute over Unkempt Hedge Reaches Resolution - Following Five-Year Long Controversy That Devolved into Disarray
In the quiet suburban neighborhood of Prestonfield, Edinburgh, a five-year dispute between neighbours Mr. Smith and Mr. Hunter over untrimmed cypress trees has taken a turn for the worse.
The dispute began when Mr. Smith claimed that the behaviour of his neighbours had been "atrocious" and branded their actions "absolutely appalling." The Smiths paid a £350 fee for a High Hedge Notice application, which was denied after a city council officer's visit. However, the government ruled that the remaining part of the hedge damages the Smiths' enjoyment of their home.
The remaining trees were cut back further after the council's intervention. Yet, the dispute turned ugly again as the Smiths insisted the remaining tree be cut back as well. Outdoor bin etiquette continues to ignite the most furious debates between neighbours, adding fuel to the fire.
The neighbour war involved the Edinburgh City Council, the Scottish Government, and the police, with the police being called to the quiet suburb where they issued "two men" with "recorded police warnings."
The Smiths have suffered financially, emotionally, and physically by this process and hope it will lead to resolution. On the other hand, the hedge owners refuse to chop down their bush and claim they feel harassed and intimidated by the Smiths.
Mr. Hunter left a single tree untrimmed, which he claimed was not part of the "boundary hedge" and therefore not subject to the High Hedge Notice. However, the remaining tree is now subject to the High Hedge Notice and should be trimmed to 8.5ft. Mr. Hunter insisted the remaining tree was not part of the hedge.
Interested readers can find more information about the long-standing neighbor dispute over untrimmed trees in Prestonfield, Edinburgh, and the related legal processes by following these steps:
- Local News and Media Archives
- Search local Edinburgh news outlets such as The Scotsman, Edinburgh Evening News, or BBC Scotland for reports on the dispute. These sources often cover neighborhood disputes and legal cases in detail.
- Use online newspaper archives or search engines with keywords like "Prestonfield neighbor tree dispute" or "Prestonfield untrimmed trees legal case."
- Local Council Records
- Edinburgh City Council may hold records or minutes from meetings if the dispute involved requests for intervention or complaints.
- Check their website or contact their planning and environmental departments for any tree preservation orders or enforcement actions linked to the dispute.
- Scottish Legal Resources
- The dispute may involve property law or environmental regulations under Scottish law.
- Look up Rights and responsibilities concerning overhanging trees under Scottish common law on sites like the Scottish Government’s or legal advice portals (e.g., Citizens Advice Scotland).
- Legal precedents or similar cases may be found on databases like Scottish Courts and Tribunals (ScotCourts) or through legal research platforms like Westlaw or LexisNexis if you have access.
- Community and Neighborhood Groups
- Local community councils or residents’ associations in Prestonfield may have records or can provide background on the dispute.
- Contact them directly or check community notice boards or websites.
- Legal Advice
- Consulting a solicitor specializing in property or environmental law in Edinburgh can give you insights into how such disputes are commonly resolved, including mediation, negotiation, tree preservation orders, or court action.
- Many solicitors offer an initial consultation which could help clarify legal routes and processes.
A summary of the legal process in neighbor tree disputes in Scotland includes:
- Initial Negotiation: Neighbors usually try to resolve issues informally by discussion.
- Mediation: If informal talks fail, mediation through community mediation services might be recommended.
- Formal Complaint: If trees affect light or property damage, a formal complaint could be made to the local council.
- Legal Action: As a last resort, cases could be taken to the Sheriff Court, focusing on nuisance or property damage under Scots law.
If you would like, I can help you find recent news articles or legal advice specific to Prestonfield or Scotland.
- The ongoing neighbor dispute in Prestonfield, Edinburgh, has expanded to include various topics such as lifestyle, home-and-garden, and general news, with the case involving untrimmed cypress trees spanning over five years.
- The dispute between Mr. Smith and Mr. Hunter has led to heated debates not only about the cypress trees but also about outdoor bin etiquette and relevant legal questions under Scottish law, making it a significant case in home-and-garden and general news.