Two possible boundary structures & dispute

Two possible boundary structures & dispute

Postby hc17 » Wed Jan 03, 2018 12:19 pm

Hi everyone,

I am hoping for some advice regarding another boundary dispute!

I live in the right house of one pair of semi- detached houses and the owner the dispute is with owns the left property of the next pair of semi-detached houses. These are ex council houses. Dividing our properties/land is a low dry stone wall (possibly a retaining wall as my land is higher than hers) that runs from the front of the land to the back of the land with a hedge running alongside on the left side (my side) of the wall. This wall runs alongside his garage.

After his tenant damaged the hedge I attempted to speak to the landlord several times regarding repairing the hedge and agreeing between us how to manage the hedge going forwards as I assumed it was shared. All I got back via the estate agent was "he says have you got your deeds" and "he says its not shared". When I reported the damage to the estate agents they told me the tenant had queried ownership of the hedge several weeks earlier and the landlord told him whoever lives in my property had always maintained the hedge. When I eventually spoke to him face to face he claimed he owned the hedge. I told him my understanding was that the privets were planted when the houses were built (all the houses on the estate have privets to the front, back & side unless replaced with a wall or fence) He then claimed his dad (who bought the house from the council) built the retaining wall and planted the hedge & even claimed he owned land on my side of the hedge! He also said the original garage was knocked down and moved to the right. The land above the wall is the same height as mine all along apart from at the side of my house where theres a raised patio. He claims nothing seperated the land until his dad planted the hedge and built the wall 55years after the houses were built (at one part theres a 4-5ft height difference between the land).

Since our discussion i have viewed my deeds that actually state I own the boundary structure (but im not sure if this is the wall or hedge) that runs alongside his garage, it is marked with an inward facing T and referred to in deeds. I have no contact details for him & he no longer uses an estate agent so I assume my only option now is to speak to a Solicitor? I don't think he has any plans to remove the hedge or put a fence up on my side but if I chose to do nothing could our discussion be viewed as a verbal agreement?
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Re: Two possible boundary structures & dispute

Postby Collaborate » Wed Jan 03, 2018 3:18 pm

See a solicitor with the deeds if you want, but your deeds suggest you won the wall. If the deeds refer to a boundary structure they will mean the wall not a hedge.
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Re: Two possible boundary structures & dispute

Postby MacadamB53 » Wed Jan 03, 2018 10:17 pm

Hi hc17,

his tenant damaged the hedge

what do you mean by “damaged”?

kind regards, Mac
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Re: Two possible boundary structures & dispute

Postby hc17 » Thu Jan 04, 2018 9:45 am

Took a saw to it! Removed some privets completely including a 2ft wide section. He essentially hacked his side of the hedge back to the middle but cut branches on my side of the hedge too to create holes.
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Re: Two possible boundary structures & dispute

Postby MacadamB53 » Thu Jan 04, 2018 10:13 am

Hi hc17,

He essentially hacked his side of the hedge back to the middle

that’s fine - he doesn’t need your permission to do this bit...

but cut branches on my side of the hedge too

I’m guessing this was whilst stood on his own side?

plants don’t grow in a tidy, orderly fashion so it is entirely possible that a branch whose foliage hangs on your side actually grows from on his side - does that make sense?

to create holes

I’m guessing that’s either a poor choice of words or your speculating there was a motive? or has he told you he wants holes in the hedge? or the hedge must/should have holes?

kind regards, Mac
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Re: Two possible boundary structures & dispute

Postby hc17 » Thu Jan 04, 2018 12:57 pm

Yes I am aware of what your saying however if the wall is the boundary structure then he shouldnt have cut the hedge past this and the branches he cut were growing from my side (cut marks clearly visable at my side) therefore he could cut the foliage back to the middle if growing on his side (depending on the above) but not cut the branches off at the 'trunk' (?) growing from my side?

Anyway regardless of the above I am trying to determine what my boundary structure is purely so I can fix the damage not to sue anyone/recover costs of planting new privets to replace the ones he cut & pulled out.

My main concern is that he claims he owns the land on my side of the hedge. I think my best bet is to seek advice from my Solicitor. Can this thread be deleted please.
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Re: Two possible boundary structures & dispute

Postby MacadamB53 » Thu Jan 04, 2018 2:55 pm

Hi hc17,

My main concern is that he claims he owns the land on my side of the hedge.

I’d be concerned too - because that kind of claim is dumb.

I didn’t appreciate that he had cut branches on your side - I’d put this down to a misunderstanding, make it clear it shouldn’t happen again, and leave it at that (even if he responds).

at this stage I wouldn’t be seeking legal advice - unless things are less clear on the ground than I am imagining from what you’ve told us.

kind regards, Mac
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