TROUBLE OVER A HEDGE

Gisborne Times, Volume LX, Issue 9723, 5 June 1924, Page 4

TROUBLE OVER A HEDGE

LIMIT OF HEIGHT ORDERED

The interpretation and application of the provisions of' tlie Fencing Actconstituted the basis of an action heard before Mr J. W. Poynton. S.M. in the .Auckland Police Court. Plaintiff was E. W Jennings (Mr Prendergast) <md defendant Mrs G. Binney (Mr S. Jqlui§ton)*, owners of adjacentproperties in Remuera Read. It was contended- by plaintiff that a hedge on defendant's side of the wire railing dividing the propel ties was unreasonably high. The hedge consisted of trees and shrubs, ranging in height from oft- Gin to 30ft. This kept the sun from his property. Plaintiff also objected to the unkempt appearance of the hedge and asked that it be •reduced to a uniform height of oft Gin.

Defendant, objected to this as she appreciated the natural aspect of the hedge and enjoyed the privacy it gave to her premises. The magistrate agreed that defendant’s property would be fully exposed if t-lie hedge were cut- as required by plaintiff and held that this might result in the destruction of the plants and trees altogether. Mr Poynton pointed out- that the question of privacy pv artistic appearance was notconsidered in the Fencing Act. He ordered that the fence be reduced to a- uniform height of 7ft. Plaintiff was allowed costs.