Collaborate on a new hedge? Discover your rights!

Questioner

My neighbours behind and we share a hedge on the property line. After searching the internet myself, I assume that this concerns a joint ownership, for which the civil code states that we are equally liable for the costs, maintenance and replacement of this hedge if necessary. Our hedge is 3 metres long dead and you can see right through it everywhere because the hedge is diseased. Our neighbours do not want to cooperate in a new hedge. We think it is a waste of space in our garden to put up our own fence or hedge on our own property 50 cm from the property line because we would then lose space and also because the hedge is diseased we do not dare to put a hedge in front of it with the risk that it will also quickly die or become diseased. To what extent are we allowed to take matters into our own hands. And what options do we have apart from the last and unwanted option of resolving this in court?

Lawyer

Since it is a shared hedge, you will have to resolve this together with your neighbours. If they do not want to cooperate in replacing a new hedge, you can first try to find a solution through neighbourhood mediation. It is important to emphasise the necessity of replacing the hedge and therefore obtain their permission. If this does not work, I fear that the judge will unfortunately have to intervene.

Lawyer

This should be looked up in case law because to what extent you are in the right, how far can you go with legal positions and threats of a lawsuit with the ultimate goal of convincing your neighbors that they can now better compromise because otherwise the situation will cost even more. The structure of a legal letter in which you demand cooperation must simply be good and convincing.