need advise on hedges and boundarys

need advise on hedges and boundarys

Postby ruthenickitty11 » Sun Apr 08, 2012 7:44 pm

Hi,
I recently moved into a semi-detached house that has been in my family for 60 years [since it was built]. During the time that the house was rented out the ajoining neighbours without written or verbal permission have planted hedges and erected a fence on what they believe is their side of the boundary line. I have the original deeds [without measurements] which show the boundary line to come out at a right angle from the centre of the properties and going straight until it meets the other neighbours property at the rear.
My problem is that the fence and the hedge is quite clearly on my side of the line and i`ve been told by the neighbours that i cant touch it as it belongs to them and they intend to lob 2 feet off the height, against my wishes. The only reason i dont want this doing is that there are at least 3 bird families nesting there with eggs which would be affected by a chainsaw and said pruning. the hedges are less than 3meters high.
Any advise anyone can give me would be greatly appreciated.
Thankyou
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Re: need advise on hedges and boundarys

Postby despair » Sun Apr 08, 2012 10:23 pm

they cant lob 3 ft off the hedge and disturb nesting birds between March and August /Sept

you can report them for doing so and they can be fined etc

As for the location etc of the hedge it will depend how long the hedge has been there as to whether they can try and claim your land
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Re: need advise on hedges and boundarys

Postby Treeman » Sun Apr 08, 2012 10:54 pm

despair wrote:they cant lob 3 ft off the hedge and disturb nesting birds between March and August /Sept

you can report them for doing so and they can be fined etc

As for the location etc of the hedge it will depend how long the hedge has been there as to whether they can try and claim your land




It doesn’t work like that.

There are no dates set in stone, it is an offence to disturb a nest in use, I have seen active nests as early as January and as late as October but again the offence isn’t date related, it is related to nest activity.
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Re: need advise on hedges and boundarys

Postby Sudynim » Mon Apr 09, 2012 12:18 am

ruthenickitty11 wrote:My problem is that the fence and the hedge is quite clearly on my side of the line and i`ve been told by the neighbours that i cant touch it as it belongs to them


Hedges don't grow overnight. If it's been the de facto boundary for many years without challenge since they planted it, then you may indeed have no rights towards it.
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Re: need advise on hedges and boundarys

Postby ruthenickitty11 » Mon Apr 09, 2012 10:32 pm

Thanks for your replies people! I really have no desire to claim back my land as i like the hedges, i just thought that i might be able to use the fact that they are on my land to stop the neighbours cutting them down.
Incidentally if they were to remove them alltogether could i then re-establish the original boundary?
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Re: need advise on hedges and boundarys

Postby Sudynim » Sat Apr 14, 2012 7:25 pm

ruthenickitty11 wrote: Incidentally if they were to remove them alltogether could i then re-establish the original boundary?


You could try. They might concede, or they might say that the land under the hedge is theirs. It doesn't really matter what the old deeds say, if they've been occupying and using that 2ft strip of land for decades then they may have gained ownership of it.
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Re: need advise on hedges and boundarys

Postby trumpet » Mon Apr 16, 2012 8:58 pm

The op hasn't said exactly how long the hedge has been there and various replies have said it is now the accepted boundary.
I have heard a figure of 7 years banded about but does anyone know exactly how many years ie if there is a set time for the boundary to change.
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Re: need advise on hedges and boundarys

Postby TO » Mon Apr 16, 2012 10:23 pm

trumpet wrote:The op hasn't said exactly how long the hedge has been there and various replies have said it is now the accepted boundary. I have heard a figure of 7 years banded about but does anyone know exactly how many years ie if there is a set time for the boundary to change.

http://www.landregistry.gov.uk/professi ... ce-guide-4

http://www.landregistry.gov.uk/professi ... ce-guide-5
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