Boundary Hedge ownership

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Samson
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Boundary Hedge ownership

Post by Samson »

Hi,

1. Who owns a boundary hedge, is it 50/50 ownership if there is no documentation in the deeds?

2. If the surveyors report clearly shows the roots of the hedge are on my land, does this legally mean I own the hedge?

3. What is the legal height requirement for a conifer hedge outside my home? The reason I ask is my neighbours have planted a conifer hedge outside my house in 2021 purposely to block views and light into my home.

4. How would one deal with a conifer hedge above 2m high?

Thank you.
wtc
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Re: Boundary Hedge ownership

Post by wtc »

1. Who owns a boundary hedge, is it 50/50 ownership if there is no documentation in the deeds?
Not necessarily. The hedge would belong to whoever's side of the boundary it was planted. Should it straddle the boundary, then it might be jointly owned.
A boundary feature might have reference in the deeds, and the absence of such wording can lead to a presumption of being joint. If this is a residential development, there may have been no hedge there are the time of the deed, hence nothing on the deeds. By deed, I mean the deed signed when the larger plot was split, often when the properties were first built. If you are only looking at the official copy of the title register, it might not have all the information.
2. If the surveyors report clearly shows the roots of the hedge are on my land, does this legally mean I own the hedge?
Not necessarily. If the hedge is planted on your land, you own it. Branches and roots can cross to the other side and while you would still own them, the neighbour is free to remove them (assuming no TPO). Or in the other direction, if you have roots coming from the neighbour's side, the neighbour owns them. You are free to remove them (with no TPO), but because the neighbour owns them, you should offer them back. If the neighbour does not want them, then they would be your responsibility for disposal.

Furthermore, depending on the purpose of the surveyor's report, it may well only be an opinion of the surveyor as to where the boundary lies. If that boundary is disputed, or there is otherwise no clear indicator of where the boundary lies, then hedge ownership might not be clear.

3. What is the legal height requirement for a conifer hedge outside my home? The reason I ask is my neighbours have planted a conifer hedge outside my house in 2021 purposely to block views and light into my home.
Unlike a wall or fence, there is no height requirement since trees and hedges grow taller themselves. High hedge legislation can start to be of help once above 2m, but see below.
4. How would one deal with a conifer hedge above 2m high?
The first step should always be attempting to resolve amicably. I appreciate that's easier said than done in many cases. There is an onus on hedge owners to be responsible. If this is leylandii, which can be a menace, planted on the other side of the boundary and with an inconsiderate or unco-operative neighbour, this can be difficult. Have you read this:
https://assets.publishing.service.gov.u ... laints.pdf
titan
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Re: Boundary Hedge ownership

Post by titan »

Hi, I hope you dont mind me asking a question regarding the thread of Hedge ownership, it is not my intention to hijack the messages at all as I have been looking for an explanation of such a topic.
If the 50/50 ownership is defined and agreed upon, does this come under the Party Wall Act or some other wording, due to it being a hedge as such, rather than a brick and mortar wall.?
Samson
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Joined: Fri Apr 12, 2024 2:14 pm

Re: Boundary Hedge ownership

Post by Samson »

Thank you for your advice and the attachment.
Samson
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Joined: Fri Apr 12, 2024 2:14 pm

Re: Boundary Hedge ownership

Post by Samson »

If one was to plant a conifer hedge behind an established beech hedge no more than 1-2m away, would this be detrimental to the beech hedge?

Thanks
MacadamB53
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Re: Boundary Hedge ownership

Post by MacadamB53 »

titan wrote: Sat Apr 13, 2024 9:35 pm Hi, I hope you dont mind me asking a question regarding the thread of Hedge ownership, it is not my intention to hijack the messages at all as I have been looking for an explanation of such a topic.
If the 50/50 ownership is defined and agreed upon, does this come under the Party Wall Act or some other wording, due to it being a hedge as such, rather than a brick and mortar wall.?
no, the PWA isn’t relevant for hedges
Collaborate
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Re: Boundary Hedge ownership

Post by Collaborate »

It isn’t even relevant for fences.
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