Boundary Hedge removal question

Boundary Hedge removal question

Postby clivers » Sun Feb 05, 2012 9:51 pm

Can our neighbour insist that the cost of a new boundary is for us to pay?
We have lived in harmony with our hedge for 20years. Its a typical Victorian Terrace with 40foot garden seperated by an existing privet hedge, 1.5m high.
When we first moved in we understood that the boundary to our left (as denoted on the deeds) was our responsibility and proceeded to maintain the hedge keeping it cut to the 1.5m height.
After 20 years our neighbour has been out and strung a line along the top of the hedge indicating the actual measured boundary position taken from their deeds. They have know put in a plumb line to ground level and the privet hedge base starts on there side of this line by 2cm in places. They have now cut back the privet very hard to its centre to emphasis the fact that the hedge is on their side.
The neighbour says that they want to remove the hedge completly and as the boundary to the left is our responsibility its up to us to pay for and install a new boundary, fence or hedge. We would like the hedge to stay as it has been in its location long before either party moved into there properties. We accept that whilst the hedge is on there side by 2cm we have been maintaining it for 20years without approach from our neighbour.
Can our neighbour insist that the cost of a new boundary is for us to pay? Surely if they wish to remove the physical boundary then to keep our dog and children in our garden and there cats out of ours they should at least pay half?
Any advice greatly received.
clivers
 
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Re: Boundary Hedge removal question

Postby hzatph » Sun Feb 05, 2012 10:11 pm

They can't insist at all. However, it is your responsibility to constrain your dog regardless of how can pay for what on the boundary.

They are being silly if they think they and measure the boundary position to the accuracy that they need to determine that the privet is on their side - see the stickies in the boundaries section.
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Re: Boundary Hedge removal question

Postby span » Sun Feb 05, 2012 10:35 pm

Of course they can insist on you paying for a new boundary fence or hedge. They can insist on it till the cows come home, pigs are flying and they're blue in the face.

You, of course, don't have to take a blind bit of notice of them.
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Re: Boundary Hedge removal question

Postby clivers » Sun Feb 05, 2012 10:44 pm

Thanks hzatph.
Relevant quotes me thinks from Conveyancer.
1. The plan you are relying on is almost certainly not going to be suitable to take measurements from.
The Plan my neighbour is the original title deeds and does have feet and inches marked on but i guess the other side of his property from which they are measuring may be in the wrong place. Who knows that one.
4. Legal boundaries can move over time, so there is a possibilty that the fence is in the right place simply because by having been where it is for long enough it has come to represent the boundary.
So there is a chance that the hedge is quite rightly in the right place.

The neighbours problem seems to be with the width of hedge and subesquent root system. It used to be about 1ft wide. After they 'cut back' the hedge is now only 3" wide in places where they have cut it back hard to the centre line of the hedge and the 3" is now on our side of the plumbed line. Whether the hedge survives such a harsh cut back is another question about 'what to do if your neighbour kills your hedge'.
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Re: Boundary Hedge removal question

Postby clivers » Wed Feb 15, 2012 11:06 pm

Neighbour has been round and wants to discuss the hedge!
Put them off until tomorrow.
Any more help as too how we resolve our hedge dilema.
Thank you.
clivers
 
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Re: Boundary Hedge removal question

Postby clivers » Wed Feb 15, 2012 11:08 pm

Can Hatzpth tell me what is meant by "stickies in the boundaries section"
thank you
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Re: Boundary Hedge removal question

Postby Sudynim » Sat Feb 18, 2012 8:43 pm

clivers wrote:Can Hatzpth tell me what is meant by "stickies in the boundaries section"
thank you


A sticky is a post which is locked in place at the top of the forum, because it has lasting value. In this instance, the post you need is www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=4&t=2247
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