Hedgerow became hedge row / News / The Foreigner

Hedgerow became hedge row. Two sets of neighbours in western Norway’s Sola are engaged in a potentially very costly dispute. Disagreement started when defendants Trygve and Johan Risa had cut down a hedge. The Risas claimed it was on their land, on which it had stood for about 15 years after the neighbouring property’s then owner had planted it. On their side, plaintiffs Caroline and Ib-Andre Rostrup Brandshaug alleged it belonged to them, since they had bought their property from the previous owner in 2012.

norway, neighbours, disputes, courts



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Hedgerow became hedge row

Published on Monday, 8th September, 2014 at 22:04 under the news category, by Martyna Kwaśniewska and Michael Sandelson   .
Last Updated on 9th September 2014 at 09:09.

Two sets of neighbours in western Norway’s Sola are engaged in a potentially very costly dispute.

Hedge trimmers
A picture of a electrical and a manual hedge trimmer.Hedge trimmers
Photo: KVDP/Wikimedia Commons


Disagreement started when defendants Trygve and Johan Risa had cut down a hedge. The Risas claimed it was on their land, on which it had stood for about 15 years after the neighbouring property’s then owner had planted it.

On their side, plaintiffs Caroline and Ib-Andre Rostrup Brandshaug alleged it belonged to them, since they had bought their property from the previous owner in 2012.

They argued this gave them the right to dig it up and move it themselves should they so wish.

The Brandshaugs then decided to sue the Risas for compensation of between 200,000 and 300,000 kroner (some 31,600-47,400 US dollars/24,480-36,720 euros/19,600-29,400 pounds sterling at today’s ROE). The defendants had removed the hedge whilst they were away on holiday.

Plaintiffs the Brandshaugs also alleged the Risas, who had sent a letter recorded delivery notifying them of their intention to remove the hedge almost two months before the actual act, had used a weed killer called ‘Roundup’ to destroy said hedge before cutting it down.

Stavanger District Court judges ruled in favour of the Risas, however. They found that the plaintiffs “had neither acquired title to the land the hedge stood on, nor the hedge [itself]” when they had bought the property, and that the letter of notification was sent in adequate time..

Dagens Næringsliv also reports the Brandshaugs were ordered to pay both party’s legal costs totalling 316,488 kroner (about 50,000 dollars/38,745 euros/31,020 pounds).

Mr Brandshaug, who feels the Court has concluded wrongly on several points, has decided to appeal the earlier decision.

His lawyer, Andreas Møller, told the paper on Friday that work on obtaining an expert statement regarding the case is currently taking place.

At the same time, Svein Ueland, representing the Risas, is attempting to get the appeals process stopped.

He argues the compensation amount demanded is too low, thus disqualifying the matter from being brought before the Court of Appeal.  

Mr Ueland also forecasts legal costs could approach one million kroner by the time the Court has ruled.   

The Brandshaug-Risa argument is far from unique in a Norway neighbour context, however. Earlier this year, VG reported that Norwegians’ arguing in court has reached record levels.

A high number of cases are those connected with disputes over land issues. The first half of 2014 has seen 8,648 cases filed with District Courts. Most of them came before Oslo District Court: 1,439 new cases. Vest-Finnmark District Court in the far north of Norway has seen 19 cases.



Published on Monday, 8th September, 2014 at 22:04 under the news category, by Martyna Kwaśniewska and Michael Sandelson   .
Last updated on 9th September 2014 at 09:09.

This post has the following tags: norway, neighbours, disputes, courts.





  
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