Leylandii High Hedges on Boundary

Leylandii High Hedges on Boundary

Postby johnnyb » Fri Nov 07, 2014 10:37 am

We have a situation where a row of Leylandii sit on the actual boundary between our house and our neighbour. These are 5m tall. We would rather not have them there at all, however the neighbour wants privacy. The gardens as they are are pretty small. The T on the deeds indicate that border as our responsibility. When we moved in some years ago, we planned to remove them and put in a fence where the border should be, but the neighbour sent solicitor letters and we didn't bother, but the situation is in an impasse. I would rather not have the hedge or if so bring down the height. They are grotesquely ugly and frankly I can't maintain them myself. The neighbour would rather sit back and do nothing. What do I do? Surely I have rights over at least the HEIGHT of the hedge even if it is deemed for whatever reason that it can't be taken out completely. Is that default situation that EITHER neighbour can trim down the top (so I can take down the height as long as it doesn't harm the tree? Any help appreciated.
johnnyb
 
Posts: 9
Joined: Wed Nov 05, 2014 8:31 pm

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: Leylandii High Hedges on Boundary

Postby MacadamB53 » Fri Nov 07, 2014 11:31 am

Hi johnny,

who owns the land the boundary feature (the hedge) stands on is what needs to be established in order to resolve your conundrum.

you mention "T marks" - is there any reference to them in the main body of the deed's wording?
you mention the boundary feature sits "on the actual boundary" - if you mean it is partially on both properties can you explain how this was proved to be.

Kind regards, Mac
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: Leylandii High Hedges on Boundary

Postby johnnyb » Fri Nov 07, 2014 1:53 pm

the line of trees runs at an angle - the border on the deeds run at that same angle. so the tress in all likelihood sit on the border - a surveyor at the time alluded as such. Just because a solicitor writes a letter doesn't make it right. Solicitors are only interested in achieving an outcome for their client, not necessarily the truth. One of the things they were trying to say is that within 10 years of the original owner of my property taking ownership, they should have installed a fence - the deeds calls for a fence to be erected on al borders marked T. And because they didn't it can't now be chopped completely. Who knows if this is true. But there was never a discussion back then about reducing its height. The neighbour every year gets his gardener to give the whole of the top a haircut (and this year did so without consulting me). In my view, if he can give it a haircut, at the very least I can do likewise, but take the height down - because nowhere does it say I can't.
johnnyb
 
Posts: 9
Joined: Wed Nov 05, 2014 8:31 pm

Re: Leylandii High Hedges on Boundary

Postby johnnyb » Fri Nov 07, 2014 2:19 pm

probably not - the most likely view is the boundary runs through the trunks. There is no reason for the boundary edge to run at an angle other than capture the line of the trees
johnnyb
 
Posts: 9
Joined: Wed Nov 05, 2014 8:31 pm

Re: Leylandii High Hedges on Boundary

Postby arsie » Fri Nov 07, 2014 2:49 pm

As the neighbour has been trimming the trees on the boundary I don't see why you can't if you want and with the defence that it is 'your' boundary to maintain. Go for it, I would. My new neighbour refused to maintain his hedge (about 4 metres high) and it grew into trees so when I finally got his grudging approval to 'give it a trim' I reduced it to under 3 metres. Still too high but a lot more sun reaches my garden now.
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Leylandii High Hedges on Boundary

Postby MacadamB53 » Fri Nov 07, 2014 4:05 pm

Hi johnny,

One of the things they were trying to say is that within 10 years of the original owner of my property taking ownership, they should have installed a fence - the deeds calls for a fence to be erected on al borders marked T. And because they didn't it can't now be chopped completely. Who knows if this is true.

I do - it's bullshit.

pretty much the only thing which will dictates whether the height of the hedge can be reduced is WHO OWNS THE LAND IT STANDS ON. (not shouting, just emphasising)

if you own the land then take whatever action you please with your hedge (obviously keeping within the law).

could you answer:

you mention "T marks" - is there any reference to them in the main body of the deed's wording?
you mention the boundary feature sits "on the actual boundary" - if you mean it is partially on both properties can you explain how this was proved to be.

Kind regards, Mac
Last edited by MacadamB53 on Fri Nov 07, 2014 4:10 pm, edited 2 times in total.
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: Leylandii High Hedges on Boundary

Postby arborlad » Fri Nov 07, 2014 4:06 pm

johnnyb wrote: When we moved in some years ago, we planned to remove them and put in a fence where the border should be, but the neighbour sent solicitor letters and we didn't bother,.



Before too many assumptions are made, can we see an anonymised version of the letter so we can better decide how much weight, if any, to give it.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Leylandii High Hedges on Boundary

Postby johnnyb » Fri Nov 07, 2014 9:16 pm

Macadam

It's difficult to know what the intentions of the developer were when building the estate. All I know is that my house was built before the neighbour's. Not sure, but the tree may have already been there at the time my house was built. I have read in other threads that trees can lay ON the boundary deeming them to be somehow "joint". Other people say this isn't really possible and it has to be one or the other.
johnnyb
 
Posts: 9
Joined: Wed Nov 05, 2014 8:31 pm

Re: Leylandii High Hedges on Boundary

Postby MacadamB53 » Fri Nov 07, 2014 9:28 pm

Hi johnny,

you have mentioned 'T' marks, so I assume you have copies of you title register entries and title plan.

is there any mention of 'T' marks in the register entries?

Kind regards, Mac
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: Leylandii High Hedges on Boundary

Postby johnnyb » Fri Nov 07, 2014 9:33 pm

Hi

yes the Land registry title plan has the T's on them

The section of the border in question has a "cloud type" feature marked on it, with the red line representing the border going RIGHT THROUGH THE MIDDLE OF IT. The inward T attaches to this line. Clearly the title plan seems to be trying to show the trees as being already there (I think!!). Looking again at the wording - it just mandates me as having to maintain those borders marked T - probably standard wording?
johnnyb
 
Posts: 9
Joined: Wed Nov 05, 2014 8:31 pm

Re: Leylandii High Hedges on Boundary

Postby MacadamB53 » Fri Nov 07, 2014 10:02 pm

Hi johnny,

please forget the title plan for the moment.

is there any mention of the 'T' marks in the register (a separate document to the plan full of words and split into sections A, B, C)

Kind regards, Mac
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: Leylandii High Hedges on Boundary

Postby johnnyb » Fri Nov 07, 2014 10:25 pm

Hi

Yes a "Transfer of Part" - split into "schedules"

on one of the points it says

AT all times hereafter to maintain and keep In repair in good condition and substantial condition the fence on the side or side of the Property marked "T" within the boundary on the Plan and if required to the satisfaction of the Local Planning Authority PROVIDED THAT no wall fence hedge building or obstruction shall be erected made or grown in front of the building line
johnnyb
 
Posts: 9
Joined: Wed Nov 05, 2014 8:31 pm

Re: Leylandii High Hedges on Boundary

Postby jonahinoz » Sat Nov 08, 2014 7:43 am

Hi,

It strikes me that joint ownership means that neither party can perform acts of ownership without the agreement of the other. No point in taking a vote, as there are only two voters. Hmm. ... if one house is owned by Joint Tenants, and the other owned by Tenants in Common, does one house have more votes than the other? Or maybe the two neighbours could agree to auction the boundary between themselve ... the highest builder gets the boundary, his neighbour gets the cash?

Ignore me, I'm rambling. But it does seem that a huge number of home owners are being inconvenienced by silly decisions made many years ago. I think in France, a newly planted tree must be at least one metre from the boundary. For a fee (Starting at €750 ?), a bloke called a "Geometre" will come along and install legally enforcable markers on the boundary.

John W
jonahinoz
 
Posts: 1343
Joined: Fri Aug 05, 2011 5:15 pm

Re: Leylandii High Hedges on Boundary

Postby ukmicky » Sat Nov 08, 2014 3:10 pm

The solicitor was talking bullshit as Mac says.

Also as you are not the first person to own your house the covenant being positive in nature means it has no effect on you so you don't even need a fence.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4544
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Re: Leylandii High Hedges on Boundary

Postby arborlad » Sat Nov 08, 2014 5:57 pm

nothingtodowithme wrote:Given the solicitors letters; I assume the trees belong to the neighbour.
nothingtodowithme wrote:Why? have you read the content of the solicitors letter?
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

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.
 
Next

Return to Hedges

Who is online

Users browsing this forum: No registered users and 4 guests