Cutting back a joint hedge

Cutting back a joint hedge

Postby Number 17 » Wed Jul 09, 2008 12:04 pm

Hi

We have a hedge boundary with one of our neighbours. Several years ago they told us that it was our hedge. Last week we went out to find that they had cut the hedge back severely on their side. Loking out an upstairs window you can clearly see that at most it is a few inches on their side and in places it is level with the boundary. Fine it's our hedge if they want to cut it back to the boundary fair enough.

We had never liked the hedge and now that it was solely on our side, and as far as we knew ours. Given this we decided to take the whole thing down and put up a fence.

We started cutting the hedge down and they came out and had an absolute fit at us. They are now saying that it is a joint hedge and that they want to keep it. We stopped cutting the hedge and just put up a fence panel to cover the gap where we'd cut down the hedge.

We still want to put up a fence- not least to better block awful neighbours out. Can we cut the hedge back to the boundary and erect a fence on our side? My main concern is that they have trimmed it so close to the boundary that if we cut it halfway they will end up with a tiny skinny hedge and no hedge in the places where they cut it up to the boundary. I don't really want to set the fence back much from the boundary as I wouldn't trust them not to try and steal some of our garden.

I don't really want to aggrevate them , but at the same time I'm not being bullied into growing a hedge for them on our land.

Thanks
Number 17
 
Posts: 3
Joined: Sat Jun 17, 2006 7:30 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.
 

Postby Emulated » Wed Jul 09, 2008 1:11 pm

If the hedge is inside your boundary then its your hedge. Let them whine, I would cut it down as they said previously it was your hedge.
Emulated
 
Posts: 596
Joined: Sun Jul 02, 2006 11:13 am
Location: Exeter

Postby despair » Wed Jul 09, 2008 1:45 pm

They cant have it both ways
They told you it was your hedge
They cut it hard back to the boundary
ERGO it looks a mess

If and I say if its actually a joint hedge ............they have proved their dislike of it by cutting it back like that

Take photos
Get witnesses
Establish the exact boundary
Run a wire down the boundary and remove the hedge then ensure the back of the fencing exactly touches that line


Photograph everything and have witnesses to everything too
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Postby Treeman » Wed Jul 09, 2008 3:45 pm

If it’s a shared hedge and they have rights over it, there ought to be some documentation to that effect. First thing check both sets of deeds to see if there is a mention of a joint or shared hedge. (Download from land registry website)

Assuming there is no mention of same, tell them in writing that since the hedge is on your land it is your hedge and you intend to do with it as you wish.

If they consider they have any rights over this hedge they should provide written evidence of the same. Allow them a week or so and assuming no evidence is provided, you can have at the hedge to your hearts content.

Treeman
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Postby arborlad » Wed Jul 09, 2008 3:55 pm

Joint/shared hedges generally have the boundary line in the centre of the hedge - what are you using to ascertain your boundary?
arborlad

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

Postby Number 17 » Wed Jul 09, 2008 4:18 pm

Thanks for the replies.

There is nothing in the deeds about the hedge or boundary. Unfortunately we don't have any documentation or witnesses that they said the hedge was ours. Since we no longer trust them at all we have now started documenting and taking pictures.

There is an extension built onto our house which runs along the boundary we are determining the boundary line as a continuation of a line along this extension (this is how it looks on the plans) and currently they seem to agree that this is the boundary.

The hedge has been there years (longer than we have) and the garden is on a slope, so there are roots on both sides, but I couldn't say which, if any, side the hedge started out on. All I can say is that since they trimmed it it is now 90% on our land.

They were adament it is a shared hedge so we just said fine it's joint. In retrospect I'm not sure we should've done that or not- but half a big ugly privet hedge didn't seem worth arguing over at the time.

I suppose that the main thing I want to know is whether I am legally entitled to cut a joint hedge back to the boundary line? I imagine this would be detrimental to the hedge- but I'm assuming this would be their problem for cutting their side too narrow?
Number 17
 
Posts: 3
Joined: Sat Jun 17, 2006 7:30 pm

Postby despair » Wed Jul 09, 2008 5:10 pm

As you have one fixed point for boundary run a line /wire to the back "fixed point" which maybe a neighbours fence etc then cut back the hedge right to its trunks and slam in a fence

Alternatively determine the boundary line within the hedge .......cut back all possible and install your posts in between the hedge so the back of the posts touches the boundary .......but fixed your fence panels flush with the front of the posts

This will give the hedge a mere 2 inches your side of the boundary and you will not loose land

Also dont forget if it truly is a shared hedge ........THEY CUT THEIR SIDE WITHOUT CONSULTING YOU

Joint Hedge = joint decisions
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: Cutting back a joint hedge

Postby arborlad » Wed Jul 09, 2008 6:07 pm

Number 17 wrote:and now that it was solely on our side,


Unless there are other factors, it was always solely on your side.

Hedges can grow erratically, your boundary wont change with the annual growth.
arborlad

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

Postby arborlad » Wed Jul 09, 2008 6:21 pm

despair wrote:
Also dont forget if it truly is a shared hedge ........THEY CUT THEIR SIDE WITHOUT CONSULTING YOU

Joint Hedge = joint decisions


If it is a shared hedge, they're quite entitled to cut it without reference to the OP, as part of a normal maintenance regime - althought this does seem to have gone a bit beyond that - only if they wanted to reduce the height, would they have to refer to the OP.
arborlad

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

Postby despair » Wed Jul 09, 2008 6:24 pm

Thank you for that piece of info Arborlad

Although I agree the neighbours cutting seems to have gone a lot furthur than normal maintenance
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: Cutting back a joint hedge

Postby tg0896c » Sun Jun 12, 2011 8:33 pm

Hi,

I have a shared hedge and there is nothing in the agreement between myself and my neighbour when purchase our property. So I looked into this and found out that if nothing has been agreed then "looking at the properties facing the "front doors" the hedge\wall\fence to the left belongs to the property facing you.

Therefore looking at the two cottages the hedge is on my left and I must take care of it, but actually the neighbout cuts it all the time because orginally the hedge was lower to the road as it was like this when we purchase our property and so I kept it that way for years, but as soon as the neighbout built his extention he took great interest in the hedge and want the hedge to be one lenght, anyway it turns out great because i don't have to cut the hedge as he is paranoid about getting it back to one length! (just need to keep it a little lower" ha has so sometimes you can actually get your neighbour to do all the work for you if you use "cunning tactics" :D
tg0896c
 
Posts: 2
Joined: Sun Jun 12, 2011 8:22 pm

Re: Cutting back a joint hedge

Postby Treeman » Sun Jun 12, 2011 8:43 pm

tg0896c wrote:Hi,

I have a shared hedge and there is nothing in the agreement between myself and my neighbour when purchase our property. So I looked into this and found out that if nothing has been agreed then "looking at the properties facing the "front doors" the hedge\wall\fence to the left belongs to the property facing you.

Therefore looking at the two cottages the hedge is on my left and I must take care of it, but actually the neighbout cuts it all the time because orginally the hedge was lower to the road as it was like this when we purchase our property and so I kept it that way for years, but as soon as the neighbout built his extention he took great interest in the hedge and want the hedge to be one lenght, anyway it turns out great because i don't have to cut the hedge as he is paranoid about getting it back to one length! (just need to keep it a little lower" ha has so sometimes you can actually get your neighbour to do all the work for you if you use "cunning tactics" :D




Start your own thread fella

This one is three years old
Treeman
 
Posts: 3993
Joined: Fri Feb 25, 2005 8:02 am

Re: Cutting back a joint hedge

Postby Alicia » Mon Jun 13, 2011 12:32 pm

tg0896c wrote: "looking at the properties facing the "front doors" the hedge\wall\fence to the left belongs to the property facing you.


no.
_..--''(__..--''(__..--''(__..--''(__..--''(__..--''(__..--''(__
Alicia
 
Posts: 55
Joined: Tue May 10, 2011 11:53 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.
 

Return to Hedges

Who is online

Users browsing this forum: No registered users and 2 guests