joint hedge - who has the right?

joint hedge - who has the right?

Postby mosedavid » Fri Apr 15, 2011 12:27 am

Hi,

We own a joint privet hedge with one of our neighbours - its their back garden and our drive-way. My wife made a verbal agreement with them years ago that they could have the hedge higher than she wanted if they maintained it. Since then they have just let it run wild and I think it must be about 25-30 foot by now.... And not in a good way!

I am now wanting to bring this back to a manageable level again. I dont mind it being high for their privacy but at a height we can manage. However, the neighbour is always out (?) and never replies to letters. Obviously I could take time in chopping my side down and back but that would just look ridiculous and be a waste of time.

What options, legal or otherwise do i have?
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Re: joint hedge - who has the right?

Postby Conveyancer » Fri Apr 15, 2011 9:15 am

Are you sure it is a joint hedge? What makes you think it is?
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Re: joint hedge - who has the right?

Postby mosedavid » Tue Apr 19, 2011 8:52 am

because we have the deeds and the boundary measures to the middle of the hedge.
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Re: joint hedge - who has the right?

Postby despair » Tue Apr 19, 2011 2:45 pm

in which case why not write to them one last time
Point out that the agreement was they could have the hedge higher only if they maintained it

Since they have renegaged on that agreement and under HHLaw 2 metres is considered suitable height for privacy

you are arranging to have the hedge reduced to 3 metres and will maintain it at that height yearly hereafter
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Re: joint hedge - who has the right?

Postby TO » Tue Apr 19, 2011 8:01 pm

Hi
despair wrote:in which case why not write to them one last time
Point out that the agreement was they could have the hedge higher only if they maintained it

Since they have renegaged on that agreement and under HHLaw 2 metres is considered suitable height for privacy

you are arranging to have the hedge reduced to 3 metres and will maintain it at that height yearly hereafter
Now there are a number of problems with this. Firstly its a load of rubbish, and if you follow the advice you will get caught out.

You probably had no enforceable agreement.

There is nothing in the high hedges legislation that sets a height of 2m as the limit for privacy, and it is not for you or Despair to determine what is a reasonable height. That is for the Local, Authority on receipt of a valid complaint taking all the facts and both parties concerns into account. Also, you can only bring a High Hedge complaint about a hedge on someone else's land, as this is a joint hedge and half yours you cannot bring a High Hedge complaint.

If as you say it is a joint hedge then it is likely that both you and your neighbour have to agree what can be done, and therefore you cannot act without their consent.

mosedavid wrote:What options, legal or otherwise do i have?
Speak to your neighbour and try and agree a reasonable height.

You would be better off if it was your neighbours hedge which has encroached over the boundary. Then you could cut it back to the boundary,(offering back the arisings) and, after having tried but failed to resolve the problem, bring a High Hedge complaint in an attempt to get it lowered.

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