Can I cut the conifers on our boundary?

Re: Can I cut the conifers on our boundary?

Postby mr sheen » Tue Jun 02, 2015 7:43 am

There were 10m high conifers present when you went to view this property 3+ years ago........but you chose to buy the property anyway without finding out how the neighbours felt about them first (ie would there be an issue with them). At 10m they would have the same issues you are now complaining of, even though they are smaller now. So this matter pre-existed your purchase of the property....but you chose to buy it anyway. Mistake number 1.

Then mistake number 2...,,without any further ado...you got the conifers cut down to 3m without knowing whether you owned them or not.....a fact you now admit since you state that you believe that neither you nor the neighbour can prove ownership 3 years on....well since you can only know for certain what evidence you have (unless you are clairvoyant)....you had them cut down knowing you had no evidence of ownership of the conifers (the responsibility for a boundary does not presume that anything that has been planted near it belongs to you...people plant on/near all boundaries all the time) and not so much as a nod to the neighbours...mistake number 2.

So your choices now are...
1. Find out who owns them so you can the prove to the neighbours that you have the right to cut them down, unless you find they own them in which case you can't touch them
2..discuss the matter with the neighbours and agree the action that can or cannot be taken and accept it,
3.make a HH complaint against the neighbours accepting that they own them,
4 Cut them down anyway and accept the consequences.
5. Move.
mr sheen
 
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Re: Can I cut the conifers on our boundary?

Postby sittingonfence » Tue Jun 02, 2015 8:15 am

Hi Mac
- Could the land registry map showing "T" on that side, validate what is written in the property form?
- Patio does not get any sunlight but gets light of course and the shadow caused by the growing hedge is creeping up towards our bedrooms , with every year...I guess thats the point of high hedges act. Otherwise every piece of land gets light in some form.
Thanks
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Re: Can I cut the conifers on our boundary?

Postby sittingonfence » Tue Jun 02, 2015 8:22 am

Thanks Mr Sheen,
You have summarised it well. I shall be getting in touch with the land registry and see if I can dig up anything more relating to these.
Regards
sittingonfence
 
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Re: Can I cut the conifers on our boundary?

Postby MacadamB53 » Tue Jun 02, 2015 2:31 pm

sittingonfence wrote:Thanks Mr Sheen,
You have summarised it well. I shall be getting in touch with the land registry and see if I can dig up anything more relating to these.
Regards

Hi sittingonfence,

I don't think mr sheen mentioned contacting HMLR.

it is unlikely HMLR will be able to tell you who owns the trees.

the best you'll get is which boundary features were included in the original conveyance in 1970s or earlier.

assuming the trees were not there at that time, this fact will not confirm the owner.

Kind regards, Mac
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Re: Can I cut the conifers on our boundary?

Postby sittingonfence » Tue Jun 02, 2015 7:05 pm

Hi Mac
Thanks for your reply.
So if I can't prove the ownership of hedge and neither can they. We are only left with the facts that
- the hedge sits on the boundary,
- land registry plan and property info shows I am responsible for that side.
- and its growing higher

So what do you suggest should be the way forward, if we can't come to an agreement ?

Regards
sittingonfence
 
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Re: Can I cut the conifers on our boundary?

Postby mr sheen » Tue Jun 02, 2015 7:55 pm

This is not advice to you and should not be taken as such....if you want legal advice see a solicitor. This is what I would do..
If I was in a situation like yours...

I would.......write to the neighbour and claim to own the conifers based on the evidence i have available (deeds) and see if they have any better evidence.......

Dear neighbour....

According to the deeds, we have responsibility for the boundary between our 2 properties. Said boundary consists of very high conifers that are a nuisance and since we own them and have responsibility for them it is our intention to remove them/ reduce their height etc within 6 weeks of this letter.

If you have any objection to our proposed action, please provide Evidence of your ownership of any of the conifers and we will review our actions in relation to any specific conifers that you own. In the absence of any evidence of ownership on your part, all the conifers will be removed (or whatever action you intend)

......and see if they come back with anything. If they don't...I would get them removed to prevent this happening again. If they do have evidence I would then know what it was and the position I was now in which is in the same position as now...
mr sheen
 
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Re: Can I cut the conifers on our boundary?

Postby MacadamB53 » Tue Jun 02, 2015 8:24 pm

Hi sittingonfence,

We are only left with the facts that
- the hedge sits on the boundary,


is that a fact or an assumption?

- land registry plan shows I am responsible for that side.

the land registry plan can not show such a thing on its own so, without some wording to substantiate this, this is not a fact

the facts, as I understand them are:

1. you bought your property about 3 years ago
2. you occupied your property about 2.5 years ago
3. there is a row of trees at the edge of your property
4. you do not know who planted - and therefore who owns - the trees
5. your predecessor in title indicated during the sales process that he believed he 'owned or accepted the responsibility' for the boundary features along the same edge as where the trees stand - but did not specify why
6. you believe your neighbour does not have 'any direct evidence' of who planted the trees

the facts we have not been given:

1. how long has the neighbour owned and occupied his gaff?
2. who does he think owns the trees?
3. why does he think that?
4. what did you mean by 'any direct evidence'?

Kind regards, Mac
MacadamB53
 
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Re: Can I cut the conifers on our boundary?

Postby sittingonfence » Tue Jun 02, 2015 10:32 pm

Thankyou both Mr Sheen and Mac. Really appreciate your help in the matter.
Best wishes.
sittingonfence
 
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Re: Can I cut the conifers on our boundary?

Postby MacadamB53 » Tue Jun 02, 2015 11:31 pm

sittingonfence wrote:Thankyou both Mr Sheen and Mac. Really appreciate your help in the matter.
Best wishes.
adios
MacadamB53
 
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