Hedge height agreed (through solicitor). Neighbour ignoring

Roblewis
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Re: Hedge height agreed (through solicitor). Neighbour ignor

Post by Roblewis » Thu Dec 11, 2014 10:16 pm

Go back to your solicitor and ask the question as to why you cannot enforce a contract drawn up by themselves and who decided to leave out any sanction. This is the root of your problem

arborlad
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Re: Hedge height agreed (through solicitor). Neighbour ignor

Post by arborlad » Fri Dec 12, 2014 3:33 pm

Roblewis wrote:Go back to your solicitor and ask the question as to why you cannot enforce a contract drawn up by themselves and who decided to leave out any sanction. This is the root of your problem

Yes, some questions for the solicitor, but the Insurers Legal Department, who presumably have had sight of the agreement, seems to think it has some merit - think we'll have to wait and see.
arborlad

smile...it confuses people

jonnyp1
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Re: Hedge height agreed (through solicitor). Neighbour ignor

Post by jonnyp1 » Sat Feb 06, 2016 1:11 pm

I am currently negotiating an agreement similar to this with my neighbour, I posted a new post today on this and someone kindly pointed me to this useful thread.
in essence i give up a right of way over his land, he agrees to keep height of fences/hedges/shrubs in my line of site to give me a view below x ms, if you were drawing up an agreement now how would it be drafted to secure a maximum height, make him comply without going to court, and be binding not just on him but also any new owners.
any other advice most appreciated

Roblewis
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Re: Hedge height agreed (through solicitor). Neighbour ignor

Post by Roblewis » Sat Feb 06, 2016 9:10 pm

You will need to make an explicit statement to the effect that the agreement will be voided should the hedge not be maintained as per the agreement. The RoW will thus be reinstated across his land

Collaborate
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Re: Hedge height agreed (through solicitor). Neighbour ignor

Post by Collaborate » Sat Feb 06, 2016 11:39 pm

It would have to be written in to the deeds of both properties that there is a covenant that the boundary will be below a certain height. Not sure whether it's a restrictive covenant or positive covenant. Restrictive would be not to build a boundary feature above a certain height (might want to go further and say feature within x metres of the boundary). As for trimming and hedges, that might possibly be a positive covenant as it imposes an obligation on the land owner to trim something. Speak to your solicitor about how this can be phrased so as to be a negative covenant (that binds future owners) rather than a positive one (that doesn't).

jonnyp1
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Re: Hedge height agreed (through solicitor). Neighbour ignor

Post by jonnyp1 » Sun Feb 07, 2016 12:02 am

thanks that seems clearer dont know a good solicitor do you i dont have much faith in mine?

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