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We own the boundary hedge on our right as stated in the plan of our deeds and marked with a T, we also own the left side, which runs alongside an alleyway and along the back, which is also marked with a T on the plan. We have obtained legally advise on this. Our neighbour has always disputed that the right side is not our boundary,as she was born and lived in our house for 36 years, and removed part of the two foot wide original privet hedge that runs between us and her at the back of our properties on our right and placed three fence panels in towards our side at a very zig zag angle, she would have taken the whole hedge out if we had not stopped her from doing so. We decided to get a legal letter sent to her to try and resolve the fact that she had no right to remove the hedge and it was in fact our boundary hedge. This went on longer than we hoped and cost us in the region of £3k, so we tried to settle the matter amicably with her son and a trainee legal adviser she employed through letters and emails. After a year we had come to an agreement that she pay for the hedge to be replaced in the same place as it was removed from and that she would allow this to grow before erecting a fence along her side of the hedge all the way along and both parties agreed that the boundary was the centre of the original hedge and new hedge. She would not however, sign a formal agreement from a suitable professional, which ourselves and her representative suggested would be advisable. She has a problem everytime we try and tend to our hedge and we have had a heated unpleasant communication across the hedgerow since. She has been using a surveyor who has been advising her that she is in her rights to erect this fence, and is well within her land and is well within her right to cut back the hedge as she has done, so we have let it happen dispite the fact that she has been cutting into the hedge when we have been out, that there is not much of if left and is dead. The fencing contractors have today removed so much of the rest of hedge, that there is nothing of the bulk of the original hedge left at all and erected the fence right on our agreed boundary line and about 2inches away from our side of it and so close to the newly planted hedge so not left any room for growth. Does this mean that effectively the fence panels are within our boundary?
Even if she has again removed all of our boundary hedge . Is she in her rights to do this? only we have been left with just twigs hanging, so we will have to remove all the dead bits and have nothing there at all, just an horrible brown fence and not enough room to plant another green hedge.
How do we stand on this then? because instead of erecting her fence on her side of our boundary hedge as was agreed, she has once again removed the remaining boundary hedge? Do we make her replace it again? not sure I can stand much more, only it looks awful!!
I think the better question would be can you make her replace it?danryru3 wrote:Do we make her replace it again?
You say above that "She has been using a surveyor who has been advising her that she is in her rights to erect this fence, and is well within her land". If that is her belief, then she's acting correctly within her rights.
I think you either have to accept the fence where she has put it, or instigate proceedings to obtain a court decision upon the true boundary. The cost of the latter would be significant, you might not recover your costs and you might not win. Deciding whether that risk is justified is something that only you can do.
If this is correct, then your neighbour has encroached on your land, by an indeterminate amount.danryru3 wrote:We own the boundary hedge
If this is correct, then your neighbour hasn't encroached on your land.both parties agreed that the boundary was the centre of the original hedge and new hedge.
smile...it confuses people
smile...it confuses people
But why have we lost our hedge? If she wanted a fence and we want the hedge then why has she not erected the fence on her side of the hedge instead of removing it, surely she has no right to do this without consulting us?
"She has been using a surveyor who has been advising her that she is in her rights to erect this fence, and is well within her land and is well within her right to cut back the hedge as she has done".danryru3 wrote:But why have we lost our hedge? If she wanted a fence and we want the hedge then why has she not erected the fence on her side of the hedge instead of removing it, surely she has no right to do this without consulting us?