My Fence, neighbours climbing plants, screws and trellis

Neighbour's hedge within my boundary

Postby garfield » Sun Mar 22, 2015 10:26 am

Hi to everyone here. I have come to know this site quite well over the last week or so due to the fact that I may be heading for a dispute over a hedge and/or boundary (please feel free to move to correct forum) and I would very much appreciate some help and guidance.

To give a bit of background based on facts. Both my property and my neighbours property are semi-detached,me on the right and them on the left, both built in 1953-54, both equal size, both have had extensions built, mine in 1988 and my neighbour 2005 (both permissions on file). I moved in circa mid 2008 and my neighbour mid 1997. Between our respective gardens there is a hedge which I believe was planted by the person who once lived here. The lady who may have planted the hedge was the first buyer of the property and we were the second. However the house was bought by us when it was repossessed (very long complicated sad story). However the fact remains the same, we are the second owners.

To provide a bit more clarity when the extension to our property was built in 1988 a patio was laid outside the back door (patio doors). The patio was laid from left to right full width of the extension, however to accomodate the hedge roots the patio was laid around the roots. (I will provide pictures later). Approx 2 years ago my neighbour stated that he wanted to get rid of the hedge as it was a pain to up keep and at the time we did not object due to the fact that he said it will be at his cost, also we thought at the time it was a shared hedge. Move on 2 years and I approached the neighbour to see if he still wanted to be rid of the hedge and he informed me that he did not wish to get rid of it as it provided privacy, did not like the up keep of a fence and lastly and most importantly he stated that the hedge was his. I however said that I wanted to put up some fencing and this will be at my cost. After I asked him again about 2 weeks ago about the hedge I got a very abrupt response the same as before, his privacy and HIS hedge.

Move on 2 weeks and I have downloaded both his and mine Title Plans (drawn 1966 by OS) and Register, obtained satellite images of our houses and ordered deeds for both properties from the LR. On the title plans it clearly marks the boundary between our 2 properties. The boundary line starts at the front of both houses, divides both houses through the party wall and continues in a straight line to the end of both gardens. From the sat images, the title plan and my own photos the hedge is clearly within my boundary. Also the roots of the first part of the hedge in the patio are clearly 60cm inside my boundary assuming it starts at the end of my extension and this does not include the gap between our 2 extensions which if included would see the 60cm distance increase to approx 100cm inside my boundary.

However if my neighbour is correct in his assumption that the hedge is his and he thinks it is his then I have a feeling he will fight it tooth and nail. Also if it is true then the boundary line will not only have to be altered but I will potentially lose approx 25% to 35% of my garden. Hopefully it will not come to this, however forewarned is forearmed. I would also like to state that as of yet there has been no heated debates, discussions (with the exception of above maybe due to me knocking during a England rugby game), no threat of legal action etc. My plan is to approach him to discuss first, then depending on that outcome produce evidence with more discussion then once again depending on the outcome possibly remove the hedge and see what happens.

Any advice, guidance or help would be greatly appreciated. Once I have enough posts I will upload pictures etc.

Thank you
garfield
 
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Re: Neighbour's hedge within my boundary

Postby span » Sun Mar 22, 2015 11:46 am

Or, your evidence sounds strong enough to just go ahead and replace the hedge, and do the talking afterwards.

Neighbour isn't going to be happy either way, is he? May as well please yourself since you'll not please him.
span
 
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Re: Neighbour's hedge within my boundary

Postby garfield » Sun Mar 22, 2015 11:50 am

Thanks span, I know exactly what you mean but I just want to make sure as I do not have the time for a lengthy battle over a untidy hedge which is taking over my garden which is approx 1/3 the size of his.
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Re: Neighbour's hedge within my boundary

Postby MacadamB53 » Sun Mar 22, 2015 11:56 am

Hi garfield,

the roots of the first part of the hedge in the patio are clearly 60cm inside my boundary

you can't have "determined" boundaries otherwise you'd know who owns the hedge, so where are you getting your measurements from?

Kind regards, Mac
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Re: Neighbour's hedge within my boundary

Postby garfield » Sun Mar 22, 2015 12:36 pm

Hi Mac, once I am able to upload the pics you will see where I get my measurements from, so please bear with me
garfield
 
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Re: Neighbour's hedge within my boundary

Postby garfield » Sun Mar 22, 2015 1:14 pm

seems i cannot upload pics at the moment
garfield
 
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Re: Neighbour's hedge within my boundary

Postby span » Sun Mar 22, 2015 1:17 pm

Not directly, no. Upload them to somewhere else and link on here to them.
span
 
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Re: Neighbour's hedge within my boundary

Postby garfield » Sun Mar 22, 2015 2:39 pm

[/img]://farm9.staticflickr.com/8748/16867399856_f2e6662c1d_b.jpg[/img]

picture of the corner of my extension, hedge roots and patio

does this work?
garfield
 
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Re: Neighbour's hedge within my boundary

Postby span » Sun Mar 22, 2015 2:54 pm

Syntax matters:

Image
span
 
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Re: Neighbour's hedge within my boundary

Postby garfield » Sun Mar 22, 2015 3:04 pm

Syntax span? I know of the band circa 2003 but in relation to posting images I'm a bit of a novice
garfield
 
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Re: Neighbour's hedge within my boundary

Postby span » Sun Mar 22, 2015 3:26 pm

garfield wrote:Syntax span? I know of the band circa 2003 but in relation to posting images I'm a bit of a novice


The syntax of this line:

[/img]://farm9.staticflickr.com/8748/16867399856_f2e6662c1d_b.jpg[/img]

is what's causing your problems.

[/img] is a closing tag - use [img] to open. Also, you're missing the http bit of http://farm9.staticflickr.com/8748/1686 ... 2c1d_b.jpg
span
 
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Re: Neighbour's hedge within my boundary

Postby garfield » Sun Mar 22, 2015 4:00 pm

Thanks for that span, much appreciated
garfield
 
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Re: Neighbour's hedge within my boundary

Postby garfield » Sun Mar 22, 2015 4:11 pm

Another of the corner

Image
garfield
 
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Re: Neighbour's hedge within my boundary

Postby span » Sun Mar 22, 2015 9:15 pm

garfield wrote:Another of the corner

Image


Yeah. You haven't quite got the hang of this new-fangled tech yet, have you?

Try again!
span
 
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Re: Neighbour's hedge within my boundary

Postby jdfi » Sun Mar 22, 2015 11:18 pm

Why don't you give this hedge a reasonably severe pruning first?

It may be that that allows you to have a lot more garden.

I did this last year with a hedge that was around 6 feet wide, and took it to around 3ft, and all was fine.

Obviously get advice from a gardener first
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