That's not your hedge!

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Sue7777
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That's not your hedge!

Post by Sue7777 » Mon Apr 22, 2019 8:26 pm

Hello. My neighbour's boundary is fenced off along a small path/lane. Outside the fencing, not on his land, on the path is a mature hedgerow, which he does not tend. The lane is privately owned but I'm not sure who owns it, if anyone, and is merely a right of way for residents living down it. The path is not owned by the neighbour in question. The neighbour wants to remove a section of the hedge along with some fencing so he can access the path. The hedge is not overgrown or high, and does not affect his light or building foundations. I'd like to keep it as it is. The neighbour, who as you might imagine isn't a great communicator or thoughtful to others, may however yield to the conclusions of your legal knowledge. Many thanks.

ukmicky
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Re: That's not your hedge!

Post by ukmicky » Mon Apr 22, 2019 9:34 pm

Strange for the to be 2 boundary features along side each other. Maybe your neighbours land own the hedge but fenced it off so they didnt have to maintain it. How do you know your neighbour doesn’t own the stretch with the hedge on it.


You need to download and check what each easement says and what the title plans shows as often the land the easement runs over is owned by the neighbouring properties.

In the end the only person who can stop the neighbour making an access point is the owner of the land.
Any information provided is not legal advice and you are advised to gain a professional opinion

Sue7777
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Re: That's not your hedge!

Post by Sue7777 » Mon Apr 22, 2019 9:59 pm

I did a bit of research online and found an old (but only 2015) planning application which states his fencing is the boundary line. I will though ask one or two of the neighbours, who've been here a lot longer than me, who might own the path. I think the ownership could be split up as you move along the path, which is what I think you meant. Thanks!

MacadamB53
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Re: That's not your hedge!

Post by MacadamB53 » Mon Apr 22, 2019 10:12 pm

Sue7777 wrote:
Mon Apr 22, 2019 9:59 pm
I did a bit of research online and found an old (but only 2015) planning application which states his fencing is the boundary line. I will though ask one or two of the neighbours, who've been here a lot longer than me, who might own the path. I think the ownership could be split up as you move along the path, which is what I think you meant. Thanks!
what was the nature of the planning application?

arborlad
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Re: That's not your hedge!

Post by arborlad » Tue Apr 23, 2019 3:26 am

Sue7777 wrote:
Mon Apr 22, 2019 8:26 pm
Hello. My neighbour's boundary is fenced off along a small path/lane. Outside the fencing, not on his land, on the path is a mature hedgerow, which he does not tend. The lane is privately owned but I'm not sure who owns it, if anyone, and is merely a right of way for residents living down it. The path is not owned by the neighbour in question. The neighbour wants to remove a section of the hedge along with some fencing so he can access the path. The hedge is not overgrown or high, and does not affect his light or building foundations. I'd like to keep it as it is. The neighbour, who as you might imagine isn't a great communicator or thoughtful to others, may however yield to the conclusions of your legal knowledge. Many thanks.



It's usual for a property that is adjacent to an alleyway to already have a gate, if the right exists to use it.

What age are the respective properties?
arborlad

smile...it confuses people

arborlad
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Re: That's not your hedge!

Post by arborlad » Tue Apr 23, 2019 10:04 am

Sue7777 wrote:
Mon Apr 22, 2019 8:26 pm
The neighbour, who as you might imagine isn't a great communicator or thoughtful to others, may however yield to the conclusions of your legal knowledge. Many thanks.



Notwithstanding any ownership issues: https://www.legislation.gov.uk/ukpga/1981/69
arborlad

smile...it confuses people

MacadamB53
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Re: That's not your hedge!

Post by MacadamB53 » Wed Apr 24, 2019 12:17 am

Hi Sue7777,

Outside the fencing, not on his land, on the path is a mature hedgerow, which he does not tend...

...The hedge is not overgrown or high


so who has been tending to the hedgerow, if not the neighbour?

kind regards, Mac

mr sheen
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Re: That's not your hedge!

Post by mr sheen » Wed Apr 24, 2019 7:24 am

The owner of the lane may wish to discuss this matter with the neighbouring landowner but these are the only 2 people that are relevant in this matter.
The chances are that the hedge historically marked the boundary between the lane and the neighbour's land and hence that the neighbour owns the hedge and consequently he can do whatever he likes with it within the confines of the hedgerow legislation.

However if the owner of the lane believes that the hedge is owned by the lane and hence by him then he could dispute ownership with the neighbour.

If the neighbour removes the hedge, compliant with all relevant legislation, the only person who can legitimately raise a dispute with him is the owner of the lane.

Sue7777
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Re: That's not your hedge!

Post by Sue7777 » Wed Apr 24, 2019 3:43 pm

Thanks for your all help. It's made things a lot clearer. Still awaiting details of who owns the lane but looks like the neighbour may have put the plans on the back-burner for now.
In response to the earlier questions the lane neighbours tend the hedge, the planning was for an unrelated matter (dormer), and the properties are rather old, the ones on the lane more so I would guess.
Kind regards.

MacadamB53
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Re: That's not your hedge!

Post by MacadamB53 » Wed Apr 24, 2019 3:49 pm

Sue7777 wrote:
Wed Apr 24, 2019 3:43 pm
Thanks for your all help. It's made things a lot clearer. Still awaiting details of who owns the lane but looks like the neighbour may have put the plans on the back-burner for now.
In response to the earlier questions the lane neighbours tend the hedge, the planning was for an unrelated matter (dormer), and the properties are rather old, the ones on the lane more so I would guess.
Kind regards.
Hi Sue7777,

if the land on which the hedgerow stands has changed hands in the last 30ish years then it should be easy enough to find out who owns it by downloading the title register entries and title plan from the HMLR website at a total cost of £6 - using the “map” search option to make sure you hone in on the land in question.

regardless of whether it’s registered or not, you need to appreciate that the parcel of land on which the hedgerow stands may well be a legally separate parcel to the lane - e.g. if width of the lane was defined in the deed that created it and the lane marked the edge of the land being transferred, this would mean the hedgerow lies beyond the lane...

kind regards, Mac

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