Announcement

Collapse
No announcement yet.

Boundary hedge problem (UK)

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Boundary hedge problem (UK)

    Hi gents,

    My wife has found out that our garden should be 800mm longer than it is (over the width it equates to nearly 8sqm of missing garden). I already knew this as when we bought the house 4 years ago I fenced around the inner edge of a large and extremely unruly hedge just for ease and cost saving. Needless to say she is not impressed at all and is now demanding I cut the hedge down and move our fence back.

    The problem being that my boundary lands about 200mm past the base line of all the trunks & roots of the hedge but the hedge itsself is probably 1.5m wide. This means that the hedge is also taking up about 500-700mm of next doors garden.

    Am I legally allowed to cut it down if it protrudes into their garden?

    I'm just worried as I have been on jobs when things like this cause major issues for the customers but I cant remember any specifics!!


    Just to clarify - I own land that goes 200mm past the roots & trunks of a hedge which sticks into next doors garden. Can I cut it down & move the fence back without any legal consequences?

    Edit: my neighbours are foreign and speak seemingly very limited/no English. Assuming I wont get sued I don't know how to approach them about it either. Should I write a letter stating my intentions and what date I will do the work? Then at least I can say I sent them a letter telling them?

    My neighbours house is a council house if it makes any difference to the situation

  • #2
    Surely you should be dealing with the council. It's up to them to inform their tenants of any works that will affect them.
    If you're offended by any assistance I give, it says far more about you than it does me.

    Comment


    • #3
      Thanks Keith, I have read on gov.uk that the council will not get involved in any way until you can prove that you have discussed the issue. Because of the neighbours not speaking English and I have no idea where they are from it becomes a difficult thing to discuss and then prove. Regardless I think I will have to at least try the council once lockdown is finished to be safe

      For the time being I will have to hide any saws or other implements that my mrs might use to cut it down whilst I'm at work!
      Last edited by walshie; 8 May 2020, 11:44.

      Comment


      • #4
        Mediation is irrelevant here, there appears no dispute with the neighbours?

        You are in legal jeopardy to the extent that you could lose that parcel of land to the council if you do not act in a way that asserts your rights over that land. If the council can show that they have had unfettered right to use that land for a period of 12 years the land becomes theirs! Fencing in they way you have could be considered a surrender of the land, act now!

        Your wife is correct, you need to assert your rights over the land before it is too late.

        As Keith suggests, I would contact the council to advise them of your intent. You should check your deed to see who has the obligation to maintain the boundary in question. It could be considered a 'party wall' meaning both parties are responsible for contributing to the upkeep of the fence.

        Perhaps mention that you have attempted to speak with their tenant but there appears to be a language barrier preventing progress.

        If you are happy to pay for the whole project, then a simple letter of intent asking authority to access their land in order to complete the work.
        Tobias - โทเบียส
        It’s better to be 6 feet apart than to be 6 feet under.

        Comment


        • #5
          That is correct. There is no dispute as verbal communication is seemingly not possible.

          Here is a direct quote from my deeds:


          " Third schedule:

          5. It is hereby declared:-

          b.) That the walls, fences, hedges or boundaries marked with the letter "T" inwards on the plan annexed hereto shall belong to the property.


          Fourth Schedule:

          Covenants and restrictions:-

          (7) To keep the walls fences or hedges of the property where marked "T" inwards on the said plan in good and substantial repair and condition."


          The "T" is definitely inwards on the border which is causing the problem which based on the above statements I would take to mean that I both physically own the hedge and the responsibility for the border?

          I can get a letter on headed paper printed out from work asking for access as if it is the company doing the work when its me doing it in a private capacity.
          Is this letter just to tell the council that I intend on accessing and making a change that will affect the aesthetics of one of their properties whilst also serving as a paper trail showing that I never intended on giving up the land? I probably wont actually need to access their land whilst removing the hedge.
          Last edited by walshie; 8 May 2020, 12:16.

          Comment


          • #6
            Cut the hedge down grind the roots out and reinstate fence. No big drama

            Comment


            • #7
              No reason why the letter cannot be from you. Simply explain that what you intend to do, when you intend to do it and that you are doing this in accordance with your obligation under Covenant (7) of the Fourth Schedule in the deed dated xxxx between the Council and yourself.

              Out of interest, am I correct in believing the T does not appear on the boundary on the opposite side of your land?
              Tobias - โทเบียส
              It’s better to be 6 feet apart than to be 6 feet under.

              Comment


              • #8
                The lady has just come round to my house with her young daughter (approx 12 y/o)who managed to translate what we are trying to do and we are seemingly all happy with what was proposed. I assume I can now unlock my van for my mrs to go nuts with the axe?

                Dippychippy, its not always that simple. I have worked as a builder on jobs where the customer has been sued for 10s of thousands of pounds for illegally working on boundaries and it has (quite rightfully I think) made me really twitchy about stuff like this

                The boundary in question is the one the pen points to

                deed plan.jpg

                Comment


                • #9
                  Originally posted by walshie View Post
                  The lady has just come round to my house with her young daughter (approx 12 y/o)who managed to translate what we are trying to do and we are seemingly all happy with what was proposed. I assume I can now unlock my van for my mrs to go nuts with the axe?
                  Absolutely, you have their permission to access their land, your deed provides your legal right to do what you propose. As long as you keep the boundary as in the deed, you have nothing to worry about.
                  Tobias - โทเบียส
                  It’s better to be 6 feet apart than to be 6 feet under.

                  Comment


                  • #10
                    Just under a meter that is a lot but do remember this is were wars have started .Talk is the best way i always talk to my neighbors when cutting things down do you want to dispose of this or me i am trimming your tree back i always get you can if you want and a smile,To me that means they know the law and i do buts that is on overhanging shrubs and trees i have found its best to get on with your neighbors ,

                    Comment

                    Working...
                    X