TROUBLE OVER A HEDGE.

New Zealand Herald, Volume LXI, Issue 18722, 30 May 1924, Page 5

TROUBLE OVER A HEDGE.

LIMIT OF HEIGHT ORDERED,

The interpretation and application of the provisions of the Fencing Act constituted the basis of an action heard before Mr. J. W. Foynton, S.M., in the Police Court yesterday. Plaintiff was E. ; W. Jennings {Mr. Prendergast) and defendant Mrs. G. Binney (MiC S. Johnston), owners of adjacent properties in J Remuera Boad.

It was contended by plaintiff that a hedge on defendant's , side of the . wire railing dividing the properties "was unreasonably high. The hedge consisted of trees and shrubs, ranging in height from sft. 6in. 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/ sft. 6in. .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 the hedge were cut as required by ..plaintiff and held that this might result in the destruction of the plants and trees altotogether. Mr. Poynton pointed out that the question of privacy or artistic appearance was not considered in the Fencing Act. He ordered that the fence be reduced to a uniform height of 7ft. Plaintiff was allowed costs. '•