Can neighbour replace 2m high 20m+ long hedge for bricks?

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Joined: Mon Mar 21, 2005 11:39 pm

Can neighbour replace 2m high 20m+ long hedge for bricks?

Post by herbie » Mon Mar 21, 2005 11:55 pm

Please help

I have new neighbours. They have applied for PP for a massive new extension, the 1st was rejected and they are on the 2nd (which is as huge as the first - right up to the boundary and 2 stories high)

Anyway, we have really long gardens with gorgeous mature hedges that provide privacy and look lovely. The new neighbour says he is pulling it down and building a brick wall all the way along the garden - it must be 20-30 meters long!

He said its his boundary and he's got a letter from his solicitor. If ia hedge sits on the boundary and divides 2 gardens and it has been there for donkeys years can he do this? :cry:

He hasnt even moved in yet, I've been here for years and enjoy my gardens maturity and olde worlde prettyness.

I got the detials of plans and register from land register but it only detials our mortgages and vague boundaries.

Anybody got any advice, please??

thanks, herbie.
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Re: Can neighbour replace 2m high 20m+ long hedge for bricks

Post by » Wed Mar 23, 2005 8:10 pm


The key question is who's hedge is it? Whilst the boundary may be his where does the hedge sit in relation to the boundary?

If it is his, he may be able to remove and reaplce with a wall. I would be checking your deeds very carefully.



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Post by Beech » Wed Mar 23, 2005 9:40 pm

I don't want to raise your hopes, but it may be worth contacting your tree officer, from the council.
I have heard that a preservation order can be put on a hedge if it is of good quality and essential to the character of the area.
Whether this would apply more to rural areas than domestic hedges I'm not sure.

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Joined: Mon Mar 21, 2005 11:39 pm

thanks mav and beech

Post by herbie » Wed Mar 23, 2005 10:17 pm

Thanks to you both

With regard to the boundary I have had advice and found out its shared - no 'T's on the plans for either property nor a mention of maintenence or ownership on title deeds or origanal conveyance documents from from sale in 1920's. The land registry said because of this the ownership and responsibility of such a boundary is always deemed shared in such circumstances.

With regard to preservation, I have looked into hedgerow regulation and how you have to apply to remove one if its 20 meters or more long and over 30 years old. Unfortunatly this doesnt count if it is in a garden! However, I might get somewhere as its nesting season for the birds and I am pretty certain there are usually active nests so I will have a close look.

I have emailed environmental officers in the council but had no reply yet.

I have also informed the planning department of this latest revelation with regard to the proposed house build.

I am really worried they will just get the hedge trimmers out when I'm at work! what a nighmare if they do!

I have left a letter next door to say I now have all the plans etc and that the boundary is shared and asked him to please talk to me as we dont want our garden to lose its maturity and we dont want a brick wall.

thanks again very much


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