Boundary Bushes

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wlmartin
Posts: 7
Joined: Sat Apr 09, 2011 1:45 pm

Boundary Bushes

Post by wlmartin » Sat Apr 09, 2011 1:54 pm

Hi

We have a end-terrace house that is on the border of 2 council houses, 1 at the side (adjacent) and one at the back (opposing).

We have bushes as a boundary for both the back and the side, and we are curious about getting them taken down and replaced with fencing.

Here is where it gets interesting...

Question 1 #

We checked our deeds and according to the deeds, our land exists about 2 foot further into our opposing neighbours garden past our bushes. We want to errect a fence and wanted to know

a) Do we have to gain permission or agreement to chop down the bushes from the Council? (I know they are on our land but since it is a dividing border, I didn't know if there were any specific rules or conduct regarding this)
b) If we tear down the bushes are we obliged to put a fence up, and if so
i) Does it have to be a certain height?
ii) Does it have to be put up within a certain amount of time after removal of the old bushes?
c) Can we reclaim the part of the garden that technicaly belongs to us past the bushes?

Question 2 #

In regards to our adjacent council neighbour, the deeds suggest that the property line splits straight down the centre of our bushes with the trunks and roots on our property.

a) Do we have to gain permission or agreement to chop down the bushes from the Council? (Although I am sure my neighbour tennant wouldn't care about it and even be happy but I didn't know if his thoughts matter, being a council tennant and also if there are any rules and conduct I should stick to)
b) If we tear down the bushes are we obliged to put a fence up, and if so
i) Does it have to be a certain height?
ii) Does it have to be put up within a certain amount of time after removal of the old bushes?

Your assistance to the above is appreciated.
Thank you kindly

pilman
Posts: 3037
Joined: Thu Mar 11, 2010 4:08 pm

Re: Boundary Bushes

Post by pilman » Sat Apr 09, 2011 6:34 pm

Many ex-council house were sold off under the right to buy scheme when the conveyance or Transfer deed recorded the boundary with mention of future maintenance.
In the Register of Title for your house there is probably mention of the deed when the house was sold by the council.

You can buy a copy from Land Registry so that you can see how it was worded.

That may explain what rights were reserved by the council for the benefit of their retained properties as well as clarifying where the boundary was supposed to be located, as the plans used were of a better scale than the LR title plans which are drawn at a 1:1250 scale.

wlmartin
Posts: 7
Joined: Sat Apr 09, 2011 1:45 pm

Re: Boundary Bushes

Post by wlmartin » Sat Apr 09, 2011 6:41 pm

Ignoring the boundary owernship issue (as I am very confident that we own the bushes in question)

Do you have an idea regarding my questions about ganing permission to remove them, if we have to put a fence up immediately or within a certain space of time, if we have to errect it a certain height and if I am able to reclaim land that is detailed as mine on the deed documents but is currently being used by my neighbour as part of their garden

Thanks

arborlad
Posts: 8488
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary Bushes

Post by arborlad » Sun Apr 10, 2011 8:21 am

wlmartin wrote:We have bushes as a boundary
Do you mean shrubs or an overgrown hedge?

In terms of accurately defining where your boundary is, they are not the best.
arborlad

smile...it confuses people

wlmartin
Posts: 7
Joined: Sat Apr 09, 2011 1:45 pm

Re: Boundary Bushes

Post by wlmartin » Sun Apr 10, 2011 8:49 am

The bushes are a hedge really... sorry I think I might have been using the wrong word

We have determined where the boundary is from our deeds.... so we are confident that all the foliage on our property that we are thinking of removing belongs to us... however the one clear thing that I am trying to find out is

a) If we remove it, are we obliged to replace it with another hedge or fence (and if we are, do we have to fit that within a certain period of time and does it need to be a certain height??)

arborlad
Posts: 8488
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary Bushes

Post by arborlad » Sun Apr 10, 2011 9:02 am

wlmartin wrote:We have determined where the boundary is from our deeds....?)
Not trying to dodge any questions, but there is a certainty there that most would caution against when trying to establish where the limits of your land lies, relying solely on the deeds.
arborlad

smile...it confuses people

pilman
Posts: 3037
Joined: Thu Mar 11, 2010 4:08 pm

Re: Boundary Bushes

Post by pilman » Sun Apr 10, 2011 11:10 am

Most boundaries are said to be general boundaries because the red line drawn on a Land Registry title plan is equivalent to 400mm wide when drawn at a scale of 1:1250.

However if you are convinced that this hedge is entirely located on land in your ownership, then what you do with the hedge is nothing to do with anyone else unless it starts a boundary dispute when you decide to remove it.

No one is compelled to erect a fence between properties unless there was a legal requirement to maintain a fence stated in a previous conveyance of the property, so to answer your question, you can remove the hedge if you prove it to be on your property and you do not need to erect a fence unless your deeds dictate that.

If someone chooses to erect a fence along the side of the garden, it can be any height up to a maximum of 2 metres without any further grant of planning permission, as well as being of any material chosen by the erector.
That is why wooden, metal and wire fences exist with any height up to the maximum permitted.
If you chose to leave the garden boundary unfenced, then the neighbours will have the option of erecting a fence on their land. They can then decide what it looks like.
Pallets are sometimes used, when cheapness and ugliness is required to show disapproval of the original boundary feature being removed.
You should read some of the postings on this site about neighbours falling out about fencing requirements as a warning before you go off half-cocked.

williamraff
Posts: 20
Joined: Sun Mar 27, 2011 7:18 pm

Re: Boundary Bushes

Post by williamraff » Mon Apr 11, 2011 6:00 pm

Seconded :) .

essex_chris
Posts: 385
Joined: Sat Nov 28, 2009 11:24 am

Re: Boundary Bushes

Post by essex_chris » Mon Apr 11, 2011 8:18 pm

Aren't they also General Boundaries due to the inherent accuracy/detail levels of OS plans as a base for the title plan. eg. a 1:2500 rural OS map would be used to produced a title plan, and could be up to +-2.3m out on sub 100m distances, plus then the very thick lines on top of that

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