Can I Remove the Hedge

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PhilAll83
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Can I Remove the Hedge

Post by PhilAll83 » Mon Jun 08, 2020 9:51 am

Hi All,

I have recently moved in to a new property which has a hedge hedgerow in the rear garden used as a boarder between mine and my neighbours garden. The hedge is huge and has not be maintained since it was planted nearly 30 years ago (according to other neighbours).

As a result it is now up to around 20ft tall and goes the entire length of the garden (around 35 meters).

I have been around to speak to the neighbour about the hedge and he is very keen on keeping it in place. When it was put in 30 years ago it was a joint effort between the original owner of my property and my neighbour so he considers this boarder as 50/50 ownership, although they do nothing to maintain it. He likes have a huge hedge wall for privacy and likes the 'rustic' look. I have been in their garden and the entire face their side is dead as this side gets 0 sunlight.

I have looked at my property deeds and it is clearly marked on there that i am the person responsible for that boarder line with a 'T' marked on the boarder line facing my property.

I am keen to remove the entire hedgerow and replace with 6ft fencing. The hedge has become unmanageable and comes out at-least 4ft in to our garden. We cannot trim back as it is one of those awful hedges where it is all dead inside and just green on the edges. We have tried cutting back in some places and we now just have dead hedge showing and the whole thing is full of ivy from end to end, it's not nice to look at, at all.

As we are clearly the legal property owner of that boarder are we legally entitled to remove the hedge and replace with fencing? This would mean getting in some contractors with digging equipment to remove the roots etc. so i would imagine this would of course mean we would be damaging the garden on their property whilst this was carried out. Of course, we would have everything put back to normal and fixed as part of the replacement to fencing, even considering some nice bushes their side if they wanted to appease the situation.

It would just be helpful some advise on what we can / cannot do before i go around and speak to my neighbour again.

Thanks

Collaborate
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Re: Can I Remove the Hedge

Post by Collaborate » Mon Jun 08, 2020 10:01 am

You need firstly to ascertain where precisely the border (not boarder) runs. You can cut back and remove any of the hedge that stands on your side of the border, but you cannot touch anything on the other side.

The precise route of the border is going to be really difficult to ascertain, because a hedge is a bloody awful way of marking a boundary. You might want to discuss with your neighbour the possibility of instructing a surveyor to mark out the precise boundary.

SJC14
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Re: Can I Remove the Hedge

Post by SJC14 » Mon Jun 08, 2020 10:32 am

PhilAll83 wrote:
Mon Jun 08, 2020 9:51 am


I have looked at my property deeds and it is clearly marked on there that i am the person responsible for that boarder line with a 'T' marked on the boarder line facing my property...As we are clearly the legal property owner...


Thanks
T marker does not mean that you are responsible for the boundary and it is a big assumption that you are. You need to read the deeds and wording very carefully before you take any steps.

MacadamB53
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Re: Can I Remove the Hedge

Post by MacadamB53 » Mon Jun 08, 2020 1:22 pm

Hi PhilAll83,

I have looked at my property deeds and it is clearly marked on there that i am the person responsible for that boarder line with a 'T' marked on the boarder line facing my property.

the law has it that any marks/notes/etc on a plan mean absolutely nothing unless they’re referred to in the wording of the deed.

kind regards, Mac

MacadamB53
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Re: Can I Remove the Hedge

Post by MacadamB53 » Mon Jun 08, 2020 1:24 pm

MacadamB53 wrote:
Mon Jun 08, 2020 1:22 pm
Hi PhilAll83,

I have looked at my property deeds and it is clearly marked on there that i am the person responsible for that boarder line with a 'T' marked on the boarder line facing my property.

the law has it that any marks/notes/etc on a plan mean absolutely nothing unless they’re referred to in the wording of the deed.

kind regards, Mac
regular posters,

do we have a “sticky” on this subject? if not, any idea how to make it so? I’ve lost count of how many times I’ve posted the above info...

PhilAll83
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Re: Can I Remove the Hedge

Post by PhilAll83 » Mon Jun 08, 2020 2:16 pm

Thanks All,

Certainly seems this may be a problem child then! Advise I've had off contractors and family doesn't seem to be correct so i'm glad i have put it out there before getting myself in trouble.

There is some old wire fencing about 2ft tall buried in the hedge row so assume the boarder is around there somewhere.

Looks like another conversation with the neighbour is needed then to take this further. Worst case i'll cut back to the fence line and leave this horrible thin hedge for him to deal with, that may twist his arm in to doing something about it then (as a last resort).

We did look at the deeds when purchasing the property, however, i do not think there was anything specifically mentioned on any of the boarders. I will review these again.

Many thanks

mr sheen
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Re: Can I Remove the Hedge

Post by mr sheen » Mon Jun 08, 2020 3:36 pm

Also check the covenants in the deeds. Planning for new properties often stipulates that any existing hedges are to remain for wildlife purposes....no idea if this applies in your case but another aspect worth checking.

PhilAll83
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Re: Can I Remove the Hedge

Post by PhilAll83 » Mon Jun 08, 2020 5:02 pm

Thanks, hedge was put in after fence which was originally installed so don't believe there to be an issue there.

Our covenants do say that hedges cannot be more than 6ft though and clearly this one is well beyond that.

MacadamB53
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Re: Can I Remove the Hedge

Post by MacadamB53 » Mon Jun 08, 2020 7:25 pm

PhilAll83 wrote:
Mon Jun 08, 2020 5:02 pm
Thanks, hedge was put in after fence which was originally installed so don't believe there to be an issue there.

Our covenants do say that hedges cannot be more than 6ft though and clearly this one is well beyond that.
positive covenants like the one you describe do not run with the land so please disregard it unless you were a party to the original deed...

kind regards, Mac

MacadamB53
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Re: Can I Remove the Hedge

Post by MacadamB53 » Mon Jun 08, 2020 7:25 pm

MacadamB53 wrote:
Mon Jun 08, 2020 7:25 pm
PhilAll83 wrote:
Mon Jun 08, 2020 5:02 pm
Thanks, hedge was put in after fence which was originally installed so don't believe there to be an issue there.

Our covenants do say that hedges cannot be more than 6ft though and clearly this one is well beyond that.
positive covenants like the one you describe do not run with the land so please disregard it unless you were a party to the original deed...

kind regards, Mac
regular posters,

do we have a “sticky” on this subject? if not, any idea how to make it so? I’ve lost count of how many times we’ve posted the above info...

pilman
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Re: Can I Remove the Hedge

Post by pilman » Tue Jun 09, 2020 7:09 pm

positive covenants like the one you describe do not run with the land so please disregard it unless you were a party to the original deed..
.In the current circumstances cut the hedge to the required height referred to in that covenant and claim that you were unaware that you really did not have to take any notice of it.
The reason for cutting the hedge can then be explained by showing the neighbour the covenant and showing the T mark on your deeds if you are determined to remove the hedge.

jdfi
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Re: Can I Remove the Hedge

Post by jdfi » Sun Jun 21, 2020 2:53 pm

Cut it back to a height of 6ft and not bushy on your side. You can possibly justify the height reduction due to the 6ft clause (is it in your doc, or his too?)

Is it leylandii or something native?

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