high hedge

Re: high hedge

Postby syckend » Thu Oct 20, 2011 9:53 am

Hi TO
The following is a quote from High hedges Prevention and Cure [/i ]Published by ODPM - now defunct I think or with different powers under Nick Clegg! But the quote is from a Consultation Draft and it did not go into the legislation! So you were right to challenge me. Thanks for that.

Duration of Remedial Notice
7.56 The remedial notice remains in force for as long as the hedge remains on the site.
7.57 If the hedge is removed, the remedial notice automatically lapses. Were it to be replaced by another evergreen hedge which, in time, grew to such a height that it adversely affected a neighbouring property, a fresh complaint would have to be made.
Land charge
7.58 As long as the remedial notice is in force, it must be registered as a local land charge. In this way, prospective buyers of the property should be alerted to the commitment that they would be taking on.


-----------------------------------
I'm editing what I was going to post because TO was RIGHT to question what I'd posted. As our case dragged on I kept remembering that a remedial notice would be registered as a local land charge, and oddly enough that was NOT something I wanted to be done against my neighbour and that was why we had held back for so long. It shows the importance of keeping up to date and establishing the facts.
syckend
 
Posts: 986
Joined: Sat Feb 26, 2005 9:25 am
Location: South Coastal area

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: high hedge

Postby TO » Thu Oct 20, 2011 7:24 pm

Hi

just for clarity and to bring things up-to-date.

syckend wrote:Hi TO
The following is a quote from High hedges Prevention and Cure [/i ]Published by ODPM - now defunct I think or with different powers under Nick Clegg! But the quote is from a Consultation Draft and it did not go into the legislation! So you were right to challenge me. Thanks for that.
Duration of Remedial Notice
7.56 The remedial notice remains in force for as long as the hedge remains on the site.
7.57 If the hedge is removed, the remedial notice automatically lapses. Were it to be replaced by another evergreen hedge which, in time, grew to such a height that it adversely affected a neighbouring property, a fresh complaint would have to be made.
Land charge
7.58 As long as the remedial notice is in force, it must be registered as a local land charge. In this way, prospective buyers of the property should be alerted to the commitment that they would be taking on.

This is now set out in the guidance, High Hedges: Complaints Prevention and Cure at section 6.61 Which states "As long as the remedial notice is in force, it must be registered as a local land charge."

The moral of this story is always get your Solicitor to do a local land search when you are buying a property.

Check out the guidance for yourselves at http://www.communities.gov.uk/documents ... laints.pdf

TO
TO
 
Posts: 639
Joined: Wed Dec 28, 2005 2:05 pm

Re: high hedge

Postby syckend » Thu Oct 20, 2011 8:40 pm

To's link is important rabbit.
I didn't have it to hand when I replied but printed out a copy of High hedges Prevention and Cure several years ago - and suggest you do the same. It gives valuable insight into how and why LA's investigate and rule on complaints. You will need all the information you can get and this and Hedge height and light loss are essential reading.

Good luck with your quest - and maybe you shouldn't spin things out as long as we did - but in our case serious illness intervened and we had other things to occupy our minds!
syckend
 
Posts: 986
Joined: Sat Feb 26, 2005 9:25 am
Location: South Coastal area

Previous

Return to Hedges

Who is online

Users browsing this forum: No registered users and 2 guests