Hornbeam hedge near a boundary

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Nic.S
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Hornbeam hedge near a boundary

Post by Nic.S » Sun Nov 10, 2019 1:00 pm

Hello, thank you first of all for adding me.

This is going to be a long post, sorry, but i don't know who else to ask and am struggling to find out what I can and cannot do!

I am planning on planting a hedge of hornbeam along one of my field edges, which is at the same time the boundary between my land and the neighbours.
Where I am planning on planting my hedge used to be a hornbeam hedge and various bushes/shrubs/trees which the previous neighbour ripped out and then built an 8ft solid block and rendered wall which then becomes a wooden close-boarded fence and then becomes their wash-room with a window in it overlooking my land when they extended their house; this was done before I owned the adjacent land. The washroom was built by the previous neighbour on what was a rhyne and was filled in.

I hope so far you understand what i’m trying to explain!

So, I want to plant the hedge along the wall and fence and washroom wall to re-instate a hedge for the local birds to nest and for something for my ponies to munch on - the hedge will be protected from annihilation by electric fencing until it is well established and then hopefully the ponies should keep it mostly in check and I will trim as needed. It will also serve as a barrier to stop my ponies being able to poop against their wall and would stop the weeds, brambles and other undergrowth growing rampant there like it does atm. I would love to plant willow/withy there aswell as the ground gets very wet and we have a high water table but I believe the roots could undermine their property so won’t be planting them there.

Can anyone tell me how close I can plant to their property please? Is there a specified distance away I have to plant? They need to every now and again access their boundary, which means they have to go on my land, to do any fence repairs or paint the wall. I will point out we do not get on with the neighbours that bought the house when the previous ones sold it and i’ve had no end of problems with them lying to the police or council about what I’m doing on my property and when; I work different shifts so sometimes do my ponies late at night. The neighbours have two very yappy reactive dogs that live outdoors behind the fence part of the boundary - they yap no matter how quiet I am out there and even if I am across in the other field; the neighbours go to bed around 9pm 🙄 so then get woken up by their own dogs yapping.

The hedge would replace electric fencing that is in situ atm and mean less maintenance for me plus more wildlife habitat.

I am worried that if and when they want to do any maintenance that they would be allowed to damage my hedge to get to do any work needed.
The hedge would not be allowed to overgrow the height of their wall. I plan on planting around 2ft away from their boundary to give the hedge space to bush out and become solid.
Would there be a problem with hornbeam roots undermining any foundations?

Thank you for reading my post; lots of questions but i don’t want to spend lots of money on plants and plant them and then find out I shouldn’t have done that and they have the right to trash my hedge when they need to do maintenance work!

ukmicky
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Re: Hornbeam hedge near a boundary

Post by ukmicky » Sun Nov 10, 2019 2:10 pm

Do they have an easement right allowing them access to your land for maintenance purposes because there is no automatic right simply because they have a boundary wall adjacent to your land.
Any information provided is not legal advice and you are advised to gain a professional opinion

Collaborate
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Re: Hornbeam hedge near a boundary

Post by Collaborate » Sun Nov 10, 2019 2:13 pm

ukmicky wrote:
Sun Nov 10, 2019 2:10 pm
Do they have an easement right allowing them access to your land for maintenance purposes because there is no automatic right simply because they have a boundary wall adjacent to your land.
I'm sure OP is referring to the Access to Neighbouring Land Act 1992.

If the window in the washroom is more than 20 years old they may have acquired a right to light. If you're getting close to the 20 year mark interrupting the light to that window in a verifiable way would be well advised.

ukmicky
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Re: Hornbeam hedge near a boundary

Post by ukmicky » Sun Nov 10, 2019 6:08 pm

If access was granted under the Act the work would need to be reasonably necessary and conditions are normally imposed. If somehow they managed to pursued a a court to allow them to remove the hedge simply to paint the wall it would turn out to be a very expensive exercise as they would have to under the order replace the hedge and as it’s a stock proof hedge that would mean mature plants would be required .

To the OP ,there is no set distance the hedge must be and in theory can be close up against the wall but you will need to take into account the hedge will require at least 6 to 8 inches of space in front o& the wall in order to allow the roots to spread on the wall side.

The roots of Hornbeam are also shallow roots so they should not interfere with the buildings foundations.
Any information provided is not legal advice and you are advised to gain a professional opinion

SJC14
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Re: Hornbeam hedge near a boundary

Post by SJC14 » Tue Nov 12, 2019 11:30 am

ukmicky wrote:
Sun Nov 10, 2019 6:08 pm
The roots of Hornbeam are also shallow roots so they should not interfere with the buildings foundations.
Agreed - same for Beech (as long as both are kept as hedges)

despair
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Re: Hornbeam hedge near a boundary

Post by despair » Tue Nov 12, 2019 3:50 pm

If the neighbours definitely have no rights to maitain their fence or wall from your land they as said above are going to need to use

Access to Neighbouring Lands Act and that will be expensive especially if the Laws on Stock proof boundary applies

As for 2 yappy dogs housed outside creating noise after they go to bed at 9pm ....its tough ...9pm is crazy early and they could house their dogs indoors

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