First off, some context. Vivaqua are allowed access to the rear of the gardens of every house on our side of the street as their pipes run under that part of the garden. Nobody is allowed to have any sort of construction in that part of the garden (sheds, kids climbing frames etc).

Additionally, they install and manage access to the gardens via secure gates that only they have a key to. This is all fine and is written in the the acte de propriété. We've never had a problem with that.

However, this week they sent a letter to every house insisting that everyone cut all their hedges down to two meters. I believe this is a rule that the commune is meant to enforce (although they have NEVER done so) although I cannot find anything in the commune's website about it

I am reluctant to do this for a couple of reasons.

  1. It's expensive (around 1500 EUR)
  2. It would reduce privacy. Neighbours at the back would have a direct line of sight into the master bedroom and living room

Do Vivaqua have the rights or any legal basis for requesting this? We've already been told by a gardener that the height of the hedges has nothing to do with how deep the roots go, so it cannot be for that reason.

I am tempted to argue with Vivaqua that if they want the damned things cut, they can damn well do it themselves for free!

Pic of garden – Vivaqua can access the part between the red line and the rear hedge via gates on the left and right side of the garden. The trampoline is permitted as it's not a fixed construction



—
ginolard

13 comments

  2. I don’t know about your commune, but where I live there is a mandated height limit for hedges of 2m. If yours is the same, then yes, they can demand it. And if they have to do it for you, they will send you a bill for the work.

  4. If there is a maximum height in the plan de lotissement or in the ppas, you’ll need to comply at your expenses.

    Usually there are reasons for the rules (safety rules, urbanistic rules, etc. etc.), try to understand the one affecting your garden, maybe you’ll agree with it.

    For the vis-a-vis… A quick trip to ikea, some venetian blinds and the thrill of sitting well behind in the room, with a broken leg and some binoculars…

  5. >Additionally, they install and manage access to the gardens via secure gates that only they have a key to. This is all fine and is written in the the acte de propriété. 

    can you explain this? do Vivaqua own the houses? is it social housing?

    I’d like to understand why Vivaqua – and only them – can access those gates into your gardens. that does not seem legal, unless they own the places.

  6. Dude how many hectares are you on that it’s €1500 to get your hedge clipped? €10/m is already pricey.

    In any case a 2m max height isn’t specific to your commune, it’s all of Flanders.

  7. I’d be surprised if you were legally obligated to do as they say **unless** the hedges interfere with their access to their installations

    As to communes enforcing this kind of meaningless rules, it basically depends whether there is a stubborn prick living nearby and drowning them in complaints in which case they either review the rule or actually make people fix whatever needs fixing 

  8. They can certainly ask just as I can ask you for a trillion dollars. Are you obligated to obey? That’s another matter. in your case there’s usually loosely phrased legislation such “has to take reasonable measures to allow access”. What “reasonable” means in this case is always up for debate. That’s what you need to figure out!

  9. Long shot maybe, but: the taller the plant, the more root growth. Perhaps they’re worried those roots might damage their pipes?

  10. Commune should be the one to enforce.

    However, you can take it to court. (Justice de Paix)
    Otherwise you could have a rule that your neighbour is breaking and if he is best buddies with the major he can ignore it and you would have no means of enforcing it.

    The question than becomes, will a judge just look at the law or also ask Vivaqua to prove how it’s impacting them. That I do not know

  11. You’re in for some construction work in your yard. They probably need access for the machines to dig and change the pipeline.

  12. If it is not allowed to have any sort of construction, is it really allowed to have trees, or high hedges?

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