New neighbour wants ro replace hedge with fence

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Joined: Wed May 04, 2011 9:28 am

New neighbour wants ro replace hedge with fence

Post by Pained » Wed May 04, 2011 10:21 am


We moved into our current property a year ago and have a lovely leafy garden with a mature hedge on both sides.

We have new neighbours moving into the house next door and yesterday they told us that they want to remove the hedge and replace it with a fence as they have two dogs and we have two small children. They seem convinced that they own the hedge and that the boundary lies on our side of the hedge.

I have checked the information pack when we bought the house and it states that we have responsibility for that side (the left side). However, the original deeds from the 1930s state that it is their responsibility to maintain a boundary but do not say that they own it.

I have looked at the title and the scale is small, and extensions have been made to both houses, so it is hard to interpret. Nevertheless I was under the impression that in such circumstances the boundary is deemed to lie straight down the middle of the hedge.

They seem like reasonable people, but they did also say they did not care about what the fence or hedge looked like (which worries us, as they will go for a cheap and nasty option) and tehir primary concern was their dogs. We want the garden to look like it did when we bought the place. We think they should cut back the hedge a bit and put a fence on their side of the hedge, but they seem opposed to this as they will 'lose some of their garden'.

Can anyone offer any advice on two issues - firstly, can we stop them destroying an old, established hedge (which is actually close to skylark nesting grounds in downland in the South Downs national park) and secondly, what should we do about establishing the boundary?

Many thanks in advance.

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Location: West Yorkshire

Re: New neighbour wants ro replace hedge with fence

Post by Sadgardener2 » Thu May 05, 2011 7:51 pm

It makes my blood boil.

They could just get rid of the dogs.
If they need to keep their dogs in and away from your children, that is their responsibility quite right, and they should do so without making a fuss about boundaries. Just should. It is good manners. They don't have any.

There is little in the way of help and law to protect hedges and to establish the position of boundaries. I think you might need to be just very very firm and tell them the hedge is staying and it is your responsibility. They bought as seen. They bought the garden as is and it is just tough that a few feet might be lost within the hedge when they put up the fence.

To make them feel that they have not lost out, suggest that markers are placed a foot to their side of the fence to mark clearly the boundary in case the fence is a bit forward of that on their side.

What is wrong with some people?

We should have a bill of neighbour civility drawn up which should be attached to all estate agent details, all mortgage papers, all council tax forms... be given out by solicitors and the like giving protocols for behaviour in private housing.
It makes my blood boil, it really does.

So your preferences and rights to amenity and the relationships with adjacent humans - are secondary to the needs of two dogs? Tossers.

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Joined: Fri Oct 22, 2010 7:18 pm

Re: New neighbour wants ro replace hedge with fence

Post by Mojisola » Thu May 05, 2011 10:23 pm

A mature hedge like that will almost certainly have nesting birds in it. It's illegal to disturb them so there's nothing they can do for the time being - make sure they know this.

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