Hedge Rights - What to Do....

Post Reply
Duck Sauce
Posts: 5
Joined: Fri Aug 27, 2010 9:14 am

Hedge Rights - What to Do....

Post by Duck Sauce » Thu Apr 28, 2011 5:05 pm

We live in a 30yo house with a 170ft back garden. The garden is surrounded by a mature hedge about 6ft high and approx. 3/4ft in depth on all sides. Recently we objected to our neighbours plans for a 5.5m high outbuilding on our border, which was upheld by the local planning and highways committee and subsequently also on appeal to the secretary of state. Unfortunately our neighbours did not take kindly to this (they did not discuss anything with our prior to their application and we went round and told them that we were objecting and why) and they are now sadly being very unreasonable towards us despite us trying to be amicable and asking to sit down and discuss the way forward.

We are now concerned that our once friendly neighbours are going to remove the hedge between our two properties and replace with a fence to give them further room to make a another planning application. Therefore my questions are as follows:

1. How do I find out who owns the hedge - it doesn't seem to appear on the Land Registry Title drawings.
2. Who is the right person to consult about discovering the correct boundary position.
3. Do our neighbours have the right to remove a well established hedge without prior discussion with us.
4. Can I write to them in advance warning them not to materially alter the hedge without prior discussion / consent.

We are really disappointed that it has come to this, we have three children that enjoy the garden all year round playing football and cricket etc...., but we are mindful that we need to be prepared should our concerns turn into reality.

Sadgardener2
Posts: 468
Joined: Sat Apr 16, 2005 1:32 pm
Location: West Yorkshire

Re: Hedge Rights - What to Do....

Post by Sadgardener2 » Thu Apr 28, 2011 5:17 pm

Who has kept the hedge in good order?

Duck Sauce
Posts: 5
Joined: Fri Aug 27, 2010 9:14 am

Re: Hedge Rights - What to Do....

Post by Duck Sauce » Thu Apr 28, 2011 5:37 pm

To be fair, both of us have kept our respective sides well maintained throughout the years...

arborlad
Posts: 7734
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Hedge Rights - What to Do....

Post by arborlad » Thu Apr 28, 2011 5:52 pm

Duck Sauce wrote:We live in a 30yo house with a 170ft back garden. The garden is surrounded by a mature hedge about 6ft high and approx. 3/4ft in depth on all sides.
Are there any other properties that are similar?
arborlad

smile...it confuses people

TO
Posts: 678
Joined: Wed Dec 28, 2005 1:05 pm

Re: Hedge Rights - What to Do....

Post by TO » Thu Apr 28, 2011 9:41 pm

Hi
Duck Sauce wrote:1. How do I find out who owns the hedge - it doesn't seem to appear on the Land Registry Title drawings.
2. Who is the right person to consult about discovering the correct boundary position.
Get a surveyor to mark the boundary on the ground.
Duck Sauce wrote:3. Do our neighbours have the right to remove a well established hedge without prior discussion with us
If it's their hedge yes. If it's your hedge they can cut back to the now clearly defined boundary.
Duck Sauce wrote:4. Can I write to them in advance warning them not to materially alter the hedge without prior discussion / consent.
You can write to them but if it's their hedge they don't need your consent, or any prior discussion before they remove it. If it's your hedge they can cut back to the now clearly defined boundary.
Duck Sauce wrote:we need to be prepared
Get a surveyor to mark the boundary on the ground. Until you know the ownership then you are not prepared.

TO

Post Reply