Hedge and Fence issue

Hedge and Fence issue

Postby VeryTired » Sun Sep 19, 2010 11:07 pm

Hi , issue has a long history, 10-12 years ago neigbours put up new fence between shared gardens ( back of semi detached). An existing leylandii hedge (ours) on the boundary was in the way (so they claim) but as we were on holiday they built the fence round it, i.e on their land (again so they claim).

No issues for 10-12 years and we have cut the hedge back every year and kept its height down.

Fast forward to now , neigbours have had a new conservatory built and now want to add a new patio as well. And guess what the hedge has grown and 2 of the trunks are tight to the fence panels. We have cut their side down as much as we can, and they (as is their right) have had a good hack occasionaly as well from their side.

Now they have asked for the hedge to be cut down as A: 'its on their land anyway and B: its damaging the fence.

The hedge provides us with a great deal of privacy , particularly from their new conservatory.

Question is: what rights do I have if any to refuse on the basis that the hedge was their first?

And/Or should I get a surveyor in to tell me where the correct boundary actually is?

many thanks.
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Postby despair » Mon Sep 20, 2010 8:13 am

If the Hedge has been there that long i believe they have lost any right to force removal on the grounds that its encroached on their land

However they are legally entitled to cut back every branch and root to the boundary of their fence

you have not said what height their fence is or your hedge is

but surely a 6ft 6 fence gives privacy from a conservatory anyway
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Postby VeryTired » Mon Sep 20, 2010 9:02 am

Despair , thanks for the info re age of the hedge , i will look into that, any idea where that is detailed please?

The hedge is about 2.5M/3M tall at the moment, we usually cut it back each year to below this.

The fence is the usual 6' , issue with the conservatory is that the land slopes away from the houses so from their conservatory they can see over most of the fence into our garden. The conservatory was built at the same level at the house rather then at garden level.
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Postby VeryTired » Mon Sep 20, 2010 9:05 am

Forgot to mention that the hedge has been in place for at the least the 21 years that we have had the property
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Postby despair » Mon Sep 20, 2010 10:07 am

If the hedge is 2.5 m high i doubt theres any way under High Hedge Law they could force reduction

and if the hedge has been there that long i doubt they could force removal to reclaim boundary line

Effectively the hedge has Adversley Possesed a sliver of their land and the boundary has moved and been accepted by their installation of the fence
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Postby ukmicky » Mon Sep 20, 2010 9:22 pm

If i were you i would firstly get some proof as to when the fence went up without your neighbours wondering why, so you can prove 10 years plus since the fence went up.

I would then get a surveyor in and without your neighbors knowledge have him determine where the boundary is. His evidence by the way can be used as evidence to the boundary position but is not sufficient on its own.

If he concludes that the hedge is in deed on their property, place an adverse possession claim under clause C I think it is without telling your neighbours once again of your plans.

I would also take photos of the boundary as it presently is.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Postby VeryTired » Tue Sep 21, 2010 8:42 am

Despair, Ukmicky,

thank you for your help , much appreciated. I will be looking into all aspects of the points that you raised.

I will report back as much as I can as things progress.
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Postby TO » Tue Sep 21, 2010 9:48 pm

Hi

UKMickey says
place an adverse possession claim under clause C I think it is without telling your neighbours once again of your plans.


The Land Registry response is
6 Land Registry’s response and registration
6.1 Land Registry inspection
.......Usually, therefore, we will arrange for one of our surveyors
to inspect the land and we will need to see their report before we can
consider the application further.
You, the squatter and the registered proprietor will be informed of the
inspection before it takes place.


Not very secretive that Land Registry lot

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Postby ukmicky » Wed Sep 22, 2010 9:15 pm

Because if the neighbours get wind to early fence positions may change b4 the OP gets to safeguard his or her position.
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