is a hedge a boundry?

is a hedge a boundry?

Postby irekul » Fri Apr 01, 2005 9:24 am

my hedge between my garden and my neighbours garden has been there for about 30 years and she cuts it very low, which gives us no privacy as the land is sloping upwards giving her lawn an elevated position.
I want to build a 2mts high fence on my side of the hedge to give me some privacy.
It is not clear on the plans exactly where the boundry is, as the plots are sort of triangular and curvy and there are onle a few clear measurements which dont realy help.
can I asume that the boundry is the cenre of the hedge? therefore allowing me to put the 4" posts in the centre to give me the maximum privacy.?
Is the 2mts high law from the boundry , or from wherever the fence posts are planted? what I mean is , could I build a 8ft fence on my land , as long as it was only 6 ft higher than the boundry? as the land is sloping upwards?
gratefull for any advice.
irekul
 
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Postby despair » Fri Apr 01, 2005 9:53 am

If you try to put the posts in the centre line of the hedge your neighbour could start a major boundary dispute

If the hedge has been there for 30 yrs then YES its trunks/root line are the boundary full stop

You are legally entitled to cut the hedge right back to the trunks and put in a fence tight up to the trunks although depending on what species the hedge is its growth could break your fence

You can at the rear of your property erect a fence up to 6ft6in or 2 metres high from ground level so if your garden slopes etc you will have to step the fence sections up or down depending on the land

Do also download copies of both yours and your neighbours deeds from the Land Registry website theres 2 parts to each deed and it costs £2 each part so £4 per house

Check carefully that there are no covenants or other restrictions on the land which preclude you putting in a fence

You really would be better to agree matters with your neighbour though

your neighbour also cannot paint or stain or attach anything or grow ivy etc up or on your fence
despair
 
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Postby irekul » Fri Apr 01, 2005 10:02 am

thanks depair
I will put the posts on my side to be on the safe side, although she wont be happy because it will spoil her view, but I should be allowed some privacy.
am I allowed to raise my ground level a bit where the posts are planted so it is level with the base of the hedge, so technicaly it will be measured from that level, should there be any comlaints?
irekul
 
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Postby despair » Fri Apr 01, 2005 10:35 am

In law and planning your neighbour has no right to a view

If there are obvious dips etc then of course you can raise your soil level but dont go overboard as this too could give rise for complaint

Privacy is an emotive word these days

Years back one only had 3 ft high fences and neighbours talked to each other ,exchanged produce and helped each other out

Sadly today its privacy at any price including high hedges which have caused so much distress to so many
despair
 
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