Hedge and property easement

Re: Hedge and property easement

Postby Dodderz » Fri Aug 02, 2013 8:28 am

Oh yes, forgot to say that I did reply to solicitor's letter but would have done so differently knowing what I now know. My reply was effectively ignored and I suppose I was forced to back down. Not this time should the same happen. I note that according to Article 1 of the First Protocol of theEuropean Convention on Human Rights, which guarantees that "every natural or legal person is entitled to the peaceful enjoyment of his possessions."

Just to bring the saga up to date: the expert boundary surveyor is surveying the hedge and its environs in 3 days. We will then present the evidence to hedge cutter neighbour and ask him to stop cutting. Unfortunately my expectation is that he will refuse to comply with our request (based upon his solicitors letter to me) and we will then have to employ the services of a solicitor to see where we stand on all this. My worry is that this could end up costing quite a lot of money, however my main concern is that if we do not get this resolved and put to bed it could cause problems when we come to sell our house as we'd have to notify any buyer about the neighbour issues. That is why I want this sorted out once and for all. I wouldn't even mind him cutting the hedge so long as he asked beforehand and asked if there were any aspects to the cutting that we'd prefer him not to do

I noticed a link to make a contribution to a cancer charity but can't find it now, can someone point the way.
Thanks again for the comments.
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Re: Hedge and property easement

Postby kipper » Fri Aug 02, 2013 12:51 pm

Conveyancer wrote:If you have benefited from advice on this site please consider contributing to a cancer charity.

No link to a specific charity. It is in his signature (see page 1 of this thread).
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Re: Hedge and property easement

Postby Dodderz » Sun Aug 18, 2013 5:39 pm

The hedge and environs were surveyed and the result was much as expected. The surveyor also stated that the right to light issue was not actionable and that a prescriptive right to cut someone else's hedge seemed very unlikely. Question is where do I go from here? My annoying neighbour has stated in several letters to me that not only are my Title Deeds fraudulent but that he was told that my house, garage and driveway all belong to him and that I am a squatter!. Whilst I could dismiss all this as the imaginings of a mad old fool I am concerned that when I eventually come to sell my property that I will have to disclose to any potential buyer the nature of my 'dispute' with this neighbour and that this could make it difficult for me to sell. Would you buy a house with a loon living at the bottom of your drive who says you're a squatter in your own home? I may be overly concerned but I would like to get this sorted out. I spoke to the police about his claims of fraud and they have said that if he continues with these allegations that he could be charged with 'malicious communication' which appears to be a form of harassment. It's all very annoying and not only for me but my other neighbour who has also been accused of entering his house and using herbicide on his garden. I find it very irritating that I may have to pay a solicitor to try and put a stop this nonsense; I hope that police will see fit to have a word and that that might just put him back in his box so to speak.
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Re: Hedge and property easement

Postby celestina » Thu Dec 19, 2013 10:21 pm

Just a thought, did the old man once own the land? If he did, this may explain his behaviour and still believes he owns it all - perhaps a call to social services explaining how worried you are about him?
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Re: Hedge and property easement

Postby stufe35 » Fri Dec 20, 2013 10:57 am

I've just read this thread for the first time, and have a slightly of the wall suggestion based on my experience with a fruit loop neighbour....I have found that ignoring all their attempts at raising a reaction from me and indeed carrying out acts of kindness towards them leaves them confused !

It seems to me your neighbour has a bee in his bonnet about your hedge taking his light or perhaps obscuring his view, but realising he has no right to a view, is using right to light as an excuse ?

It's not vanity which causes him to cut it because as you say he leaves it in a mess.

Legally it will be tricky to stop him, as he has right to trim the sides at least generated by his easement. Yes, what he is doing is more than that, but imagine being in court arguing that he has cut a little bit too much hedge off....it's going to cost a lot of money and be laughable.

So diffuse the situation by cutting the hedge regularly yourself....or indeed replacing it with a fence. ??

The issue over his claim of ownership should be easily sorted by checking your deeds, if he has an easement over the area he can't own it too. From your diagram it's hard to understand why he has an easement, what is its purpose ?

You can download his deeds and yours from the Internet, how to do it is elsewhere on this forum, look at threads in rights of way.

It could be worth posting the wording of the easement on here as there are experts who might be able to provide useful comment.

There is definitely some confusion as you say his property is servient to yours, but if he has a right of way over your land, he is dominant, you are servient.

If he does have a right of way, he has no right to loiter, just to pass and repass for access, though he also has a right to maintain the ROW , such as fill in pot holes or trim back vegetation if required to make it fit for use.

Hope these thoughts are of help.

I've just realised this is an old thread ! Any update dodderz ?

Regards stu
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Re: Hedge and property easement

Postby arsie » Sun Dec 22, 2013 2:04 pm

Alternatively put up a 2m fence of chicken wire on his side of the hedge at the distance you wish the hedge to grow. So even if he persists he will be hard pushed to trim back as far as he likes, only as far as you like :)
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