Conflicting information at every turn...

Re: Conflicting information at every turn...

Postby arborlad » Thu Oct 19, 2017 10:06 am

jonahinoz wrote:Of course, I may be wrong, so let's see what others have to say. It would be useful if you found some evidence of your drive under the hedge.




A few minutes with a shovel or spade would achieve this and is certainly worth doing.

The ownership of the hedge is being contested, is the drive ownership also being contested or do they accept you own it?
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Re: Conflicting information at every turn...

Postby Collaborate » Thu Oct 19, 2017 10:51 am

MacadamB53 wrote:
Collaborate wrote:If I were you I'd go ahead and erect a fence your side of the boundary - where you think it is. Show her all your proof first and invite her to respond with her counter arguments. If she has nothing to say in response you are at some pint entitled to proceed without having recourse to the law.
Hi Collaborate,

the OP thinks the boundary is in the neighbour's garden.

are you seriously recommending they remove the hedge and erect a fence to enclose a strip of the neighbour's garden on their side - on the basis that the drain was plotted in the middle of the OP's drive on an old plan?!?!

kind regards, Mac


It is likely that the hedge was planted by one side - OP has strong evidence it is their side. It would be presumed that it was planted to grow wholly on their side, so the previous owner will not have ceded ownership to the neighbour of the land that the hedge grew on, or grew into. So yes, OP should build the fence on the opposite side of the hedge. If OP shows the neighbour their proof of title first, and that is not rebutted, they are free to erect a fence to the fullest extent of their land.
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Re: Conflicting information at every turn...

Postby MacadamB53 » Thu Oct 19, 2017 11:14 am

Hi Collaborate,

you seem to be advocating that a landowner should seek to gain land by removing an established boundary feature and erecting a new one on what appears to be his neighbour's land.

regardless whose land the hedge stands on, the law would presume it was planted along the edge of the property in this kind of scenario - would it not?

and the OP has no evidence to show it was not.

kind regards, Mac
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Re: Conflicting information at every turn...

Postby SaveTheElephant » Thu Oct 19, 2017 12:10 pm

I think this gets to the heart of the matter.

Our evidence, that we feel is quite strong, suggests that the hedge was grown by the people who lived in our house many years ago and was placed along our driveway on our land (in fact, this is the case on another borders between us and other [more reasonable] neighbours) so our thoughts are that our land contains our drive (undisputed) then the hedge and then a narrow strip (on which there would have been a wall back in the day as is still the case on other boundaries).

Our frustration is that no evidence that we can gather together seems to be valid, however strong it seems to be, because a lone T mark on a conveyance that is not described in the body of the document overrules everything else.
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Re: Conflicting information at every turn...

Postby MacadamB53 » Thu Oct 19, 2017 12:41 pm

SaveTheElephant wrote:our thoughts are that our land contains our drive (undisputed) then the hedge and then a narrow strip (on which there would have been a wall back in the day...
says who? you can't just suppose something just because it "makes sense".

kind regards, Mac
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Re: Conflicting information at every turn...

Postby SaveTheElephant » Thu Oct 19, 2017 12:53 pm

Local history and ground evidence such as foundations. The boundaries are the same elsewhere. The wall is no longer there.
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Re: Conflicting information at every turn...

Postby MacadamB53 » Thu Oct 19, 2017 1:31 pm

SaveTheElephant wrote:Local history and ground evidence such as foundations. The boundaries are the same elsewhere. The wall is no longer there.
ah, you didn't mention there are remnants of an old wall running along the same line as where you suppose the boundary runs - or did I miss that?

I take it by "local history" you mean "what certain, uninvolved, folk recall"? in which case you ought to park this unless it's detailed and reliable.

what lies between the foundations and the hedge? how wide a strip are we discussing?

kind regards, Mac
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Re: Conflicting information at every turn...

Postby arborlad » Thu Oct 19, 2017 2:01 pm

SaveTheElephant wrote:I think this gets to the heart of the matter.

Our evidence, that we feel is quite strong, suggests that the hedge was grown by the people who lived in our house many years ago and was placed along our driveway on our land (in fact, this is the case on another borders between us and other [more reasonable] neighbours) so our thoughts are that our land contains our drive (undisputed) then the hedge and then a narrow strip (on which there would have been a wall back in the day as is still the case on other boundaries).

Our frustration is that no evidence that we can gather together seems to be valid, however strong it seems to be, because a lone T mark on a conveyance that is not described in the body of the document overrules everything else.




Can these two hedges be identified as the same age and type?........photos would help if you're unsure.
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Re: Conflicting information at every turn...

Postby SaveTheElephant » Thu Oct 19, 2017 7:35 pm

I rather thought the wall was irrelevant because if she can claim the hedge, she can claim the wall which is on 'her' side of the hedge although still within what we believe to be our correct boundary and therefore on 'our' land.

The hedges aren't of the same type as far as I'm aware.

All's been quiet on the hedge cutting front since yesterday with no accusations flying. Yet.
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Re: Conflicting information at every turn...

Postby despair » Thu Oct 19, 2017 8:24 pm

Have you searched for or vhecked old arieal shots they might help
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Re: Conflicting information at every turn...

Postby arborlad » Fri Oct 20, 2017 8:38 am

SaveTheElephant wrote:I cut the entire boundary right back yesterday so we can now get cars up and down the drive. This has gained substantial space. I imagine this will cause her to come and voice an opinion and/or make more accusations at which point we will invite her to demonstrate location and ownership of the boundary. If she can prove satisfactorily and legally that it is hers, she can have it. Otherwise, we will carry on as we are but I’m confident that she will discover it’s ours.





There is no fault here, you've done nothing wrong by clearing your own hedge from your own land, even if you take the opposite view that the hedge and drive are both owned by the neighbour you would still be fully entitled to clear the full width of the drive. What is the surface of the drive?

This statement by the neighbour is completely wrong and has no basis in fact or law: 'The driveway 'borders' her land. She told us we need to identify where the boundary is and claimed that it’s where the hedge that runs along our drive grows to on our side(!)' When you were cutting the hedge, it should have become apparent where the hedge has been cut to in the past.
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Re: Conflicting information at every turn...

Postby Clifford Pope » Sat Oct 21, 2017 2:35 pm

despair wrote:Have you searched for or vhecked old arieal shots they might help


Google Earth historical view goes back to 2005 even in our isolated part of the world.
If the hedge has been growing unchecked since then then even 12 years will show an enormous encroachment.
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