Legal advice: Joint hedge and neighbour law

Questioner

This is a terraced house, owner-occupied. Between the yards (gardens) are hedges. They've been there for 30 years and have been neatly maintained, pruned, etc., by the (new) neighbors on each side for years. Houses on both sides of mine were sold last year, and the two new owners haven't maintained the hedge. One new neighbor, in particular (since a year) has even destroyed the hedge (children were playing football and romping in it quite vigorously, and it's become quite dirty) and the extension of their house. Heavy equipment was driving back and forth in it, and building materials were placed against it. In short, the hedge on their side is completely bare and unsightly. The hedge is now worthless in terms of privacy; it's completely transparent. These neighbors, who are renovating, now want to put up a very expensive (25-meter long!) fence and split the cost with us. We'd like to keep the beautiful green boundary as it has been for years. I don't know if the hedge can be saved, but we've always maintained our side well. We don't have the money to put up a new hedge or fence. We just completely renovated the garden, which would mean having to re-arrange it again due to the inconvenience and the narrower fence. We don't have that money either. The other neighbor seems to be going the same route.. Where do we stand in our rights? Can we oblige the neighbours to repair their part of the shared hedge, and if that does not work, that they compensate for the full amount?

Questioner

No, you cannot force your neighbors to do anything in this regard. A joint project on the property boundary can only be developed through consultation. If you can't reach an agreement, each of you can erect a hedge or fence on your own property. This, too, must be done within the boundaries of neighbor law and municipal regulations.

Questioner

But they have so destroyed the hedge, and have not maintained it that the 25-meter-long hedge has become completely transparent and bare. Can't I blame them for that? Because they did not want to keep this hedge and destroyed it on their side, I am being forced to pay costs and expenses? What is the legal situation?

Questioner

But they have so destroyed the hedge, and have not maintained it that the 25-meter-long hedge has become completely transparent and bare. Can't I blame them for that? Because they did not want to keep this hedge and destroyed it on their side, I am being forced to pay costs and expenses? What is the legal situation?

Questioner

But they have so destroyed the hedge, and have not maintained it that the 25-meter-long hedge has become completely transparent and bare. Can't I blame them for that? Because they did not want to keep this hedge and destroyed it on their side, I am being forced to pay costs and expenses? What is the legal situation?

Questioner

But they have destroyed the EXISTING AND CURRENT (30 year old) hedge in such a way, and have not maintained it, that the 25 meter long hedge has become completely transparent and bare. Can't I hold them accountable for this? Destruction of shared property? Because they did not want to keep this hedge and destroyed it on their side, I am being forced to pay costs and expenses? What is the legal situation?

Questioner

Thank you for your response, But this is about the existing, 30-year-old hedgerow. Not about a new project. The neighbors have destroyed this hedge in such a way (either intentionally or not) and have not maintained it at all, This has left the 25-meter-long hedge completely transparent and bare. It remains to be seen whether it can be saved. We've already done a great deal to address it. Can't I blame them for that? That I hold the neighbors liable for damage to the shared property boundary? What is the legal situation?

Questioner

It is not permitted to have hedges and shrubs within 0.5 meters of the property line, or trees within 2 meters of the property line. However, after 30 years, it is no longer possible to demand their removal. However, neighbors can be required to cooperate and contribute to the construction of a 2-meter-high dividing wall along the property line, within reason and equity, thus taking each other's capabilities (and limitations) into account. See Article 49 1. Each owner of adjacent properties in a contiguous area of ​​a municipality may at any time demand that the other owner cooperate in erecting a two-meter-high dividing wall on the boundary between the properties, unless a bylaw or local custom otherwise regulates the manner or height of the separation. The owners shall contribute equally to the costs of the separation.

Questioner

Thanks for the reply, but I don't think my question was read properly. The hedge is shared. It must be maintained by both neighbors. Maintenance is mandatory. I've always kept the hedge on my side trimmed, but they destroyed it during their renovations. I'd like to have that fixed. Suppose there had been a shared fence that they had damaged, then I wouldn't have to pay the costs for repair or replacement, right? Doesn't that also apply to a mantle hedge?

Questioner

It's really about the location. Is the remaining hedge still on the property line? This doesn't change the fact that a fence can be ordered instead of a hedge, because a hedge isn't a dividing wall and doesn't count as such. You are allowed to transplant the good portion of the hedge onto your own property, up to the height of a new fence. Your neighbors were obligated to maintain the shared hedge, but I don't think you can ultimately enforce its preservation and restoration.

Questioner

The hedge is 25 meters long, 2 meters high, and 1.5 meters wide, and the trunks are EXACTLY on the property boundary. MANDELIG. The purchase agreement states that the hedge belongs to both residents. Moving it is impossible. You'd have to dig up the entire garden. The roots are very deep. The hedge has apparently been there for 40 years. It used to be very beautiful! We've already had a gardener look at it, and he said the hedge is probably too damaged and might be salvageable with a lot of pain and effort. That would be expensive. We've already done a lot to keep the hedge looking nice, but as a result, it's much wider on our side. We'd prefer it that way, but otherwise, you have to prune everything back to the trunk and then let it grow again. That leaves you with a view and no privacy for two years. We've lived there for 15 years and had the garden redesigned last year. Our neighbors had just moved in. Last year, we asked them to take better care of the hedge and not to put anything in it, or to play football or romp in it. Unfortunately, they didn't do anything about it. Now, after five months, they're almost finished with their extension, and suddenly it's clear they'd rather have that very long hedge removed and a shared fence. And they asked us to pay for everything 50/50. In short, the hedge was deliberately not maintained, and their contractors/builders put all their equipment in it, thereby completely destroying their side of the hedge. If we have to have this hedge removed, my new garden will be ruined and will entail a lot of costs, and if we also have to pay for a fence, then we will have a lot of costs. The removal of the hedge would already cost around 2000 euros, and then our "brand new" garden would also be damaged. While we've been meticulous about this shared hedge, I've taken photos of everything over the past two years, and you can see from that that we're not to blame. Is a shared hedge different from a shared fence? They're both property boundaries.

Questioner

I agree with you that the hedge is jointly owned by you and your neighbors, and that the latter have not adhered to the obligations of joint ownership. You could demand repair at their expense, but they counter by expressing their desire to erect a dividing wall, something explicitly stated in the law, a right that can be enforced. Planting a hedge cannot be enforced because it is not a dividing wall and is not equivalent to one. If this becomes a conflict, I'm not yet certain how the ruling will end. I can, however, conduct extensive case law research for you. Incidentally, I do think you should write to your neighbors for the costs associated with removing the hedge now that they have neglected their obligations.

Questioner

Dear Monique, Thank you so much for your feedback! I really appreciate it! I'm afraid you're right; I've delved into it even more deeply thanks to you. The fact that the law doesn't address this is actually quite frustrating. Regarding compensation. That if you buy a house somewhere with a nice, long hedge, and you'd rather have a dividing wall/fence, they can simply destroy it or neglect it. And then you can present your neighbors with a fait accompli. How awful. Such a beautiful, long, high green hedge, so much effort and expense, pruning four times a year, fertilizing, everything... and then new neighbors who will probably get their way. It doesn't feel fair. And of course, you want everything to be settled, so you can maintain some level of pleasant relations as neighbors. It does make things difficult this way. They've already forced their wishes on us, including removing a beautiful tree (to make way for their new front garden). And now we're facing a monstrous extension, 3 meters long and high... which has been causing us noise every day for five months... so our good neighborliness is being severely tested. ;-) And of course I hope they will pay the costs associated with removing the hedge (which they will undoubtedly insist on doing), but they will most likely not compensate for the consequential damage, including that to our new garden. We will also have to arrange a new fence or something similar ourselves, otherwise you will be looking at the back of their fence. All in all, it's really going to cost us a lot of energy, work, and money. Hopefully they will accommodate us somewhat, because legally we apparently have no leg to stand on. Such a shame.