Cornish Hedge

Re: Cornish Hedge

Postby Collaborate » Wed Apr 27, 2016 5:38 pm

There is much more room for interpretation where there is a poorly drawn plan, or no plan at all coupled with a simple postal address to identify the property.

Archimart said in the original post:

Documents we were issued by the developer when we originally purchased, and lodged with Land Registry, show that our land extends to and stops on our side of this Cornish Hedge.

We should take that at face value. There is nothing to indicate otherwise at this stage.

It matters not what the developer wished to sell so much as what the developer actually sold. I can see why a fence had to be erected on OP's side of the hedge. If the plan and transfer deed made it clear that the fence marked the boundary then that will be definitive. It may be inconvenient that the developer still owns a strip of land, and no longer exists, but you can't, as a work of fiction, pretend that the transfer included the hedge just so that things can look nice and neat today.
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Re: Cornish Hedge

Postby arborlad » Wed Apr 27, 2016 5:52 pm

Collaborate wrote: I can see why a fence had to be erected on OP's side of the hedge.

What fence?
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Re: Cornish Hedge

Postby Collaborate » Wed Apr 27, 2016 7:45 pm

My apologies. I had imagined a fence in my fervour.

Now, it might be the case that the planning drawing wrongly determined the boundary of the land to be the inward face of the hedge, and this error has been compounded in subsequent registrations. It may not.

Deeds held by the highways authority need to be examined along with the 2003 and earlier deeds to determine where the actual boundary lies, and, if the boundary lies on the road side of the hedge, whether it was an error that the hedge wasn't included in the sale to OP or a deliberate act.
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Re: Cornish Hedge

Postby Archimart » Fri Apr 29, 2016 11:29 am

Thank you for all your comments. I have been unable to upload the plan to explain the layout as I am being told that “the board attachment quota has been reached”. As a new user of this site I am not sure exactly what this means. However I can provide you with further information as follows.

The drawing marked up with our plot shown outlined in red is the site plan drawing for the development which clearly shows the width of the Cornish Hedge with the red line inside it. This plan was lodged with Land Registry upon purchase.

This is a linear development of 18 dwellings the majority of which have the Cornish Hedge at the rear of their plots. The Hedge not only separates our plots from the public road but it is also a part retaining wall to the road at its base. At the far end of the development the retaining wall base of the Cornish Hedge becomes far greater as the road rises to cross a bridge over where the rail track extended beyond the former station. As you can imagine the height of the wall to those plots makes it impossible to domestically maintain.

There are further complications with the development. We are in an area of historic Cornish Tin mining and the old railway station site was used to transport raw materials to the coast. Consequently the site was found to be contaminated with arsenic and the developer had to remediate. However the rear part of our plots which abutt the Cornish Hedge have been left in their original contaminated state, as part of the planning approval for the development, and separated off by a fence. We are prevented by a clause in the planing permission from entering this part of our gardens. If the Cornish Hedge were our responsibility in law we are in theory being prevented from natural maintenance by this planning condition imposed by Cornwall Council. This situation makes it even more important that the ownership of the Hedge is determined.
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Re: Cornish Hedge

Postby Collaborate » Fri Apr 29, 2016 11:53 am

So the road is higher than the gardens - if the gardens follow the natural lie of the land, and the road level has been artificially raised, then the presumption would be that whoever owns the road also built the retaining wall to keep it in place.

I suggest that you simply write to the council highways department enclosing a copy of your plan, and add that as the wall retains their highway, you assume that they are responsible for keeping it from slipping so must also be responsible for the wall.

Add further the PP restriction on you entering the rear of your garden. It seems clear from this that it was not intended that you had anything to do with the wall in view of the fact that you can't even reach it from your side.
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