Hedge: whose is it?

Re: Hedge: whose is it?

Postby TO » Sun Apr 24, 2011 11:25 am

Hi

Go to
http://www.landregistry.gov.uk/
and click on the "Find a Property" tab at the top of the page.

As mentioned Office hours only

TO
TO
 
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Re: Hedge: whose is it?

Postby Janejane » Sun Apr 24, 2011 12:20 pm

arborlad wrote:
Janejane wrote: I'm assuming this will be on our deeds? (which our mortgage provider has).


These can be downloaded from here:

https://www.landregistry.gov.uk/wps/por ... rty_Search

I believe it is Mon-Fri, office hours, sure someone will correct if that's wrong.

EDIT..............can't get link to copy correctly :oops:

What is the situation on the other (left) side of your property?


Our neighbour on the other side is fab, she has a retaining wall on the third level of our garden: she once said oh that's my wall: during a chat we were having a few years ago, we always assumed it was and still do; we wouldn't want the hefty bill if it slid into our garden. the rest of that boundary is a fence & we keep it in good repair and replace as needed: we've had to do that recently: I knocked on her door she politely said oh it's your fence: and we fixed it: how neighbours should be!

I'm confused about this deed thing: aren't they registers etc: aren't deeds something different? that the banks/building society holds? we have bought & down loaded the register from the land registry site.

Thanks
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Re: Hedge: whose is it?

Postby arborlad » Sun Apr 24, 2011 4:04 pm

Janejane wrote:I'm confused ................


Me too.............. :)

she has a retaining wall on the third level of our garden: she once said oh that's my wall:

I knocked on her door she politely said oh it's your fence:


That's not the norm :?

Can you describe your right hand boundary, starting at the house.
arborlad

smile...it confuses people
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Re: Hedge: whose is it?

Postby arborlad » Sun Apr 24, 2011 4:07 pm

TO wrote:Hi

Go to
http://www.landregistry.gov.uk/
and click on the "Find a Property" tab at the top of the page.

As mentioned Office hours only

TO


Thanks, my C+P skills seem to have deserted me :o
arborlad

smile...it confuses people
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Re: Hedge: whose is it?

Postby Roblewis » Sun Apr 24, 2011 8:46 pm

Treeman

Try establishing there are no nests without looking into it :D :D :D :D I call that doing a survey - I did not mention that it had to be done by anyone in particular. Also how are you to evidence any nest found is not currently active?

One supermarket chain, no names no pack drill, faced prosecution when they made the assertion you made concerning a hedge that there were no active nests - one active nest was located in the 100m run!!! Better safe than sorry in my view.
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Re: Hedge: whose is it?

Postby Janejane » Sun Apr 24, 2011 9:34 pm

arborlad wrote:
Janejane wrote:I'm confused ................


Me too.............. :)

she has a retaining wall on the third level of our garden: she once said oh that's my wall:

I knocked on her door she politely said oh it's your fence:


That's not the norm :?

Can you describe your right hand boundary, starting at the house.


right hand boundary: a lime stone wall thats approx 4 foot high: which then meets the retaining wall of the first terrace of our garden: this terrace is reached by a flight of stone steps from our back door (these steps go all the way to the 3rd terrace of our garden).
then theres another retaining wall that holds the second terrace of our garden: height about 5 foot: privet hedge grows on the right hand side of this terrace.
Then there is another retaining wall that holds the third terrace of our garden: this is about 5.5 high.
At the other side of the retaining walls our neighbours have a flight of stone steps that lead to their garden.
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Re: Hedge: whose is it?

Postby Janejane » Sun Apr 24, 2011 9:38 pm

to be honest we've just about had enough.... I can't understand why people get into all these tangles: they've started doing really petty stuff now and life is for living.
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Re: Hedge: whose is it?

Postby Treeman » Sun Apr 24, 2011 9:50 pm

Roblewis wrote:Treeman

Try establishing there are no nests without looking into it :D :D :D :D I call that doing a survey - I did not mention that it had to be done by anyone in particular. Also how are you to evidence any nest found is not currently active?

One supermarket chain, no names no pack drill, faced prosecution when they made the assertion you made concerning a hedge that there were no active nests - one active nest was located in the 100m run!!! Better safe than sorry in my view.


You can call looking a survey if you want but what you said was

You do need a full survey of the hedge to prove no nests are present

You don’t need to prove the absence of a nest and there is no requirement for a survey to prove anything, the burden of proof is upon the law. They need to establish that an offence was committed, that offence would be disturbing an active nest.

Active nests can be identified by the presence of new material, excrament, birds, eggs, chicks etc.
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Re: Hedge: whose is it?

Postby Roblewis » Mon Apr 25, 2011 8:02 pm

At the end of the day the hedge can come down as the OP wishes and the neighbour has an uphill task, excuse he pun, to do anything about it. Any attempt to erect anything on the OP land can be treated as trespass and the neighbour has to sue if she wishes to prove anything. My personal view is that she has little chance of proving any claim to the higher land. I am concerned however about the steps mentioned at the end of the garden. This might be a trump card though if any negotiations are entered into viz Drop any claim or remove the steps.

Any fence at the top of the wall worries me as it could indicate that the retaining wall is not part of the OPs land and this immediately places the neighbour up on the same level of land as the OP
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Re: Hedge: whose is it?

Postby Janejane » Tue Apr 26, 2011 6:15 pm

thanks: I think everyone we have had advice off is pretty much of the same opinion, we can take the hedge down and the rule of thumb is that retaining walls are usually the responsbility/boundary of the owner with the dominant/higher garden/land. Unfortunately it all seems to have had a detrimental affect on our relationship with our neighbours, this is the most dissapointing thing out of all of it.
Thanks to everyone who has given advice it really has helped !!
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Re: Hedge: whose is it?

Postby Janejane » Wed May 11, 2011 8:49 pm

we had to draw the line in the end: our neighbours wouldn't leave us alone and it was all getting ridiculous.
They now think that they own a hedge that grows in our garden. Of course it's obviously not theirs: a hedge can't be 'part' of a boundary feature! and how a hedge can belong to your neighbour when their garden is 3-4 foot below yours will always be beyond me. The damn roots are growing in our soil. But sometimes it's best just to move on and people like them will always be making someone's life a misery: best someone elses than ours.
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