Huge update on 5 year neighbour dispute over untrimmed hedge

News.com.au

4 days ago

A UK couple has won a bitter neighbour dispute over an untrimmed hedge after five years of furious feuding.
Keith Smith, 71, and his wife Julie, 68, were locked in a feud with their neighbours in Prestonfield, Edinburgh, over the height of a hedge, The Sun reports.
The Smiths claimed the untrimmed cypress trees, belonging to David Hunter and Niena Hunter Mistry, made their lives a misery.
The row of trees sparked a five-year battle between the two couples.
The neighbour war grew so bitter that it involved the Edinburgh City Council, the Scottish Government and even the police.
The Smiths claim the trees cast a shadow across their garden, forcing the pensioners to live out their retirement in darkness.
Demanding the trees be chopped down, the Smiths turned to the local authority but were left frustrated when they were refused.
The couple paid a massive £350 ($A712) fee for a High Hedge Notice application which was denied after a visit from a city council officer.
Appealing the decision, the Smiths won and managed to successfully have the trees trimmed back to 8.5ft in 2023.
After the bush was trimmed the Smiths claim that gaps where the tree once stood were suddenly replaced by gardening tools, including ladders, pipes and concrete.
The pair went on to claim the trim was inadequate and called for the council to come back, which they did and agreed that the remaining trees should be further cut back.
Mr Hunter left a single tree standing untrimmed however which he claimed was not part of the 'boundary hedge' and therefore not subject to the High Hedge Notice.
The Smiths then insisted the remaining tree be cut back too with the dispute turning ugly again.
The couple, who have lived in their home for 44 years, continued their brutal battle to have the foliage lopped back.
Things got so bad that in June of last year the police were called to the quiet suburb where they issued 'two men' with 'recorded police warnings'.
Mr Smith previously claimed to Edinburgh Live his neighbours' behaviour had been 'atrocious' and branded the couple's actions 'absolutely appalling'.
The hedge owners refused to chop down their bush and claimed they felt harassed and intimidated by the Smiths.
The Smiths previously said: 'We, the Smiths, have suffered hugely financially, emotionally and physically by this process and sincerely hope, this will now lead to resolution.'
An appeal launched by Mr Hunter in a bid to save his tree was rejected and the last remaining part of the hedge will now have to be cut back to 8.5ft.
Mr Hunter insisted the remaining tree was not part of the hedge and begged that it be allowed to stand.
He said in a document seen by the Mail Online: 'The individual tree identified in the varied notice cannot reasonably be said to be part of the boundary hedge.
'It appears as a separate individual tree and has never been trimmed.
'We would be very grateful if you would take all our points and concerns into account and request that you quash the revised high hedge notice.'
Despite his pleas Mr Hunter was ordered to cut back the remaining piece of his hedge to 8.5ft in line with the previous High Hedge Notice.
The Smiths were delighted after a government official stated the tree did in fact cast a shadow over a 'significant' portion of their garden.
The official also stated the previous High Hedge Notice applied to the whole hedge, including the remaining tree.
Despite the best efforts of Mr Hunter the government official ruled the hedge damaged the Smith's enjoyment of their home.
The government ruled the remaining part of the hedge is now subject to the High Hedge Notice and should be trimmed to 8.5ft.