Mole Posted 21 April, 2009 Share Posted 21 April, 2009 My next door neighbour wants to pull up the adjoining hedge and replace it with a fence. The hedge is on his deeds. The hedge has been there for over 30 years. I don't want it pulling up. Is he allowed to do it? I will be speaking to a solicitor if we cannot resolve this ammicably, but thought i'd just ask on here first. Link to comment Share on other sites More sharing options...
Um Bongo Posted 21 April, 2009 Share Posted 21 April, 2009 My next door neighbour wants to pull up the adjoining hedge and replace it with a fence. The hedge is on his deeds. The hedge has been there for over 30 years. I don't want it pulling up. Is he allowed to do it? I will be speaking to a solicitor if we cannot resolve this ammicably, but thought i'd just ask on here first. If it's on his deeds then i believe so. Link to comment Share on other sites More sharing options...
the stain Posted 21 April, 2009 Share Posted 21 April, 2009 Go straight to the solicitor. Nothing improves the quality of your life like a completely avoidable legal dispute with a man you can't avoid seeing. Link to comment Share on other sites More sharing options...
ottery st mary Posted 21 April, 2009 Share Posted 21 April, 2009 My next door neighbour wants to pull up the adjoining hedge and replace it with a fence. The hedge is on his deeds. The hedge has been there for over 30 years. I don't want it pulling up. Is he allowed to do it? I will be speaking to a solicitor if we cannot resolve this ammicably, but thought i'd just ask on here first. Go to Garden Law on the internet and read through a few of the various posters.......STAY AWAY FROM SOLICITORS ON THIS SUBJECT AT ALL COSTS. LOTS OF MONEY WASTED..... I have lots of knowledge on this subject re both sides of the argument and Civil Law.......pm with contact details and I will give you an opinion on how best to deal. NO tree preservation on the bank...if its his land NOT a lot you can do. Link to comment Share on other sites More sharing options...
Scudamore Posted 21 April, 2009 Share Posted 21 April, 2009 NO tree preservation on the bank...if its his land NOT a lot you can do. Well of course there is. If he wants to be an utter **** about it (and since this is Stanley he almost certainly does) then he could just plant a row of Leylandii on the other side of the fence after he's put it up. Hopefully the dispute would escalate into some form of violence. And well worth it it would be too... Link to comment Share on other sites More sharing options...
ottery st mary Posted 21 April, 2009 Share Posted 21 April, 2009 Stanley and Scudey....you must go to garden law forum....Hedges and the very first poster aj 1974? talks of his dispute with his neighbour over the hedge.....This could be your friend next door Stanley.... Anyway the point is these disputes become horendous....Nearly as bad as the Saints forum ottery and nick handbags at five paces. There is a law ie 12 years working border or part of border or land over line and it becomes yours....but this may apertain to shared borders over many years(12 ) becomes yours regardless of deeds. No fighting...try to discuss or get mediation...NO lawyers....Sorry lawyers stay out of it. Link to comment Share on other sites More sharing options...
Weston Super Saint Posted 21 April, 2009 Share Posted 21 April, 2009 Stanley and Scudey....you must go to garden law forum....Hedges and the very first poster aj 1974? talks of his dispute with his neighbour over the hedge.....This could be your friend next door Stanley.... Anyway the point is these disputes become horendous....Nearly as bad as the Saints forum ottery and nick handbags at five paces. There is a law ie 12 years working border or part of border or land over line and it becomes yours....but this may apertain to shared borders over many years(12 ) becomes yours regardless of deeds. No fighting...try to discuss or get mediation...NO lawyers....Sorry lawyers stay out of it. Where there's a law there's a lawyer Link to comment Share on other sites More sharing options...
benjii Posted 21 April, 2009 Share Posted 21 April, 2009 If you end up in litigation over a hedge then either one or both of you is a ****. Link to comment Share on other sites More sharing options...
Weston Super Saint Posted 21 April, 2009 Share Posted 21 April, 2009 If you end up in litigation over a hedge then either one or both of you is a ****. Or in America? Link to comment Share on other sites More sharing options...
ottery st mary Posted 21 April, 2009 Share Posted 21 April, 2009 Have we reached the Hedge End yet Dad? Link to comment Share on other sites More sharing options...
benjii Posted 21 April, 2009 Share Posted 21 April, 2009 Or in America? Eh? They don't have hedges because they're all too fat to get down the garden if there is a hedge there. Either that or they live in bullet-ridden slums. Fact - I've seen it on the tele. Link to comment Share on other sites More sharing options...
Mole Posted 22 April, 2009 Author Share Posted 22 April, 2009 Stanley and Scudey....you must go to garden law forum....Hedges and the very first poster aj 1974? talks of his dispute with his neighbour over the hedge.....This could be your friend next door Stanley.... Anyway the point is these disputes become horendous....Nearly as bad as the Saints forum ottery and nick handbags at five paces. There is a law ie 12 years working border or part of border or land over line and it becomes yours....but this may apertain to shared borders over many years(12 ) becomes yours regardless of deeds. No fighting...try to discuss or get mediation...NO lawyers....Sorry lawyers stay out of it. Cheers. There's not animosity with my neighbour and nor do i hope there will be, but i think it prudent to be prepared for a hedge war. He's a lazy bastard and has let his side of the hedge get wide so i will suggest he splits the hedge and put's the fence against it - a fair compromise imo. Link to comment Share on other sites More sharing options...
Summers Posted 22 April, 2009 Share Posted 22 April, 2009 Surely he can't come onto your property to tear it up as you can class that as trespassing as he'd need permission from you first to set foot on your deeds? I mean if he digs it up, doesn't that mean he could ruin your garden if he rips the roots out? But thats me being as anal as I possibly can be. Link to comment Share on other sites More sharing options...
Greedyfly Posted 22 April, 2009 Share Posted 22 April, 2009 Eh? They don't have hedges because they're all too fat to get down the garden if there is a hedge there. Either that or they live in bullet-ridden slums. Fact - I've seen it on the tele. Think he was referring to the fact that America and it's inhabitants third favourite past-time, after eating and being utterly ignorant of anything else outside their 'world', is suing each other and bringing about utterly pointless lawsuits over sweet FA. HTH Link to comment Share on other sites More sharing options...
ottery st mary Posted 22 April, 2009 Share Posted 22 April, 2009 Cheers. There's not animosity with my neighbour and nor do i hope there will be, but i think it prudent to be prepared for a hedge war. He's a lazy bastard and has let his side of the hedge get wide so i will suggest he splits the hedge and put's the fence against it - a fair compromise imo. Sounds good...Best of luck:) Link to comment Share on other sites More sharing options...
Jillyanne Posted 22 April, 2009 Share Posted 22 April, 2009 Plant a new one, get your neighbour to chip in - hedge fund. Link to comment Share on other sites More sharing options...
OLYMPIC Posted 22 April, 2009 Share Posted 22 April, 2009 Had a similar situation with my neighbour,the border between the two properties is mine and had some leylandii trees along forming a natural boundry.Now these trees have been there years and i have always had them cut back every year on both sides and the tops lopt out of them,then they started to die out at the bottom so i decided to have a fence erected.My neighbour then decided he would not let me on his property to cut them down or put the fence up,so waited till he was at work cut down the trees and had 50ft in length of fence put up. Not heard anything from my neighbour but then he hasn't spoken to me since. Link to comment Share on other sites More sharing options...
Johnny Bognor Posted 22 April, 2009 Share Posted 22 April, 2009 Plant a new one, get your neighbour to chip in - hedge fund. I wondered when this would branch out into a pun infested thread. I was going to say something earlier but thought someone might take offence. Link to comment Share on other sites More sharing options...
Mole Posted 22 April, 2009 Author Share Posted 22 April, 2009 Had a similar situation with my neighbour,the border between the two properties is mine and had some leylandii trees along forming a natural boundry.Now these trees have been there years and i have always had them cut back every year on both sides and the tops lopt out of them,then they started to die out at the bottom so i decided to have a fence erected.My neighbour then decided he would not let me on his property to cut them down or put the fence up,so waited till he was at work cut down the trees and had 50ft in length of fence put up. Not heard anything from my neighbour but then he hasn't spoken to me since. If the said hedge was leylandii i'd have no problem with it being removed, but the adjoing hedge is a nice beech hedge and has not been neglected. It's about 5 foot high, level and squared at the top. Link to comment Share on other sites More sharing options...
Guest Dark Sotonic Mills Posted 22 April, 2009 Share Posted 22 April, 2009 It depends on the type of hedge really. If it is or could be classed as a hedgerow, then you can get a TPO, but not for a hedge. If, however, the hedge is made up of individual trees, then you can apply to the local council for a tree preservation order which will prevent the neighbour from removing them. Link to comment Share on other sites More sharing options...
Amesbury Saint Posted 22 April, 2009 Share Posted 22 April, 2009 Also check whether you are in a conservation area or are a listed building. Also suggest you have seen bats in it. I am involved in a multi million pound development which may get held up because a bat was once seen. Link to comment Share on other sites More sharing options...
TopGun Posted 22 April, 2009 Share Posted 22 April, 2009 I suggest you go the EU for backing Stanley. Link to comment Share on other sites More sharing options...
ottery st mary Posted 22 April, 2009 Share Posted 22 April, 2009 Stanley and Scudey....you must go to garden law forum....Hedges and the very first poster aj 1974? talks of his dispute with his neighbour over the hedge.....This could be your friend next door Stanley.... Anyway the point is these disputes become horendous....Nearly as bad as the Saints forum ottery and nick handbags at five paces. There is a law ie 12 years working border or part of border or land over line and it becomes yours....but this may apertain to shared borders over many years(12 ) becomes yours regardless of deeds. No fighting...try to discuss or get mediation...NO lawyers....Sorry lawyers stay out of it. ADVERSE possession if you have been working the bank or part of the bank where the hedge or border lay then you have assumed the ownership ie I think it is 12 years as a guide then it is yours or shared. But if totally on his deeds and clearly his get it sorted out some how without all the exspensive litigation....It ends costing you a arm and a leg and sooo stressful.....There have been shooootings over this sort of thing. Link to comment Share on other sites More sharing options...
Mole Posted 22 April, 2009 Author Share Posted 22 April, 2009 Also check whether you are in a conservation area or are a listed building. Also suggest you have seen bats in it. I am involved in a multi million pound development which may get held up because a bat was once seen. Not seen any bats, but there's a family of great crested newts that live under it, will this help? Link to comment Share on other sites More sharing options...
Weston Super Saint Posted 22 April, 2009 Share Posted 22 April, 2009 Not seen any bats, but there's a family of great crested newts that live under it, will this help? You want to watch out that the bats don't eat those.... Link to comment Share on other sites More sharing options...
EastleighSoulBoy Posted 22 April, 2009 Share Posted 22 April, 2009 I suggest you go the EU for backing Stanley. Now why would he want to do that? Link to comment Share on other sites More sharing options...
Amesbury Saint Posted 22 April, 2009 Share Posted 22 April, 2009 Now why would he want to do that? bats are an EU protected species Link to comment Share on other sites More sharing options...
Amesbury Saint Posted 22 April, 2009 Share Posted 22 April, 2009 Not seen any bats, but there's a family of great crested newts that live under it, will this help? check out whether bats could live in your type of hedge Link to comment Share on other sites More sharing options...
TopGun Posted 23 April, 2009 Share Posted 23 April, 2009 check out whether bats could live in your type of hedge Mad as a batter. Link to comment Share on other sites More sharing options...
Weston Super Saint Posted 23 April, 2009 Share Posted 23 April, 2009 check out whether bats could live in your type of hedge Bats live in Belfrys not hedges. Link to comment Share on other sites More sharing options...
Beckster Von Doodle Posted 23 April, 2009 Share Posted 23 April, 2009 Also check whether you are in a conservation area or are a listed building. Also suggest you have seen bats in it. I am involved in a multi million pound development which may get held up because a bat was once seen. Agree with Amesbury Saint. We have just had a site held up by 4 months because of "bats". Something else to throw in is that birds nest in there ... they are funny about hedges being taken down in nesting seasons. Finally, if you do get a solicitor involved, get a fee proposal up front, don't just let him do it by the clock. We are involved in a boundary dispute at the moment that has cost us £10,000 already and by the time we get to court (with barristers) will be over £20,000. Good luck. Link to comment Share on other sites More sharing options...
Beckster Von Doodle Posted 23 April, 2009 Share Posted 23 April, 2009 ADVERSE possession if you have been working the bank or part of the bank where the hedge or border lay then you have assumed the ownership ie I think it is 12 years as a guide then it is yours or shared. But if totally on his deeds and clearly his get it sorted out some how without all the exspensive litigation....It ends costing you a arm and a leg and sooo stressful.....There have been shooootings over this sort of thing. I think what you are talking about is called the Hedge and Ditch presumption. Very difficult to prove and very expensive. Link to comment Share on other sites More sharing options...
ottery st mary Posted 23 April, 2009 Share Posted 23 April, 2009 I think what you are talking about is called the Hedge and Ditch presumption. Very difficult to prove and very expensive. You are probably right..... I just Remember The ADVERSE possession saying in law. re peeps who have cultivated or used land as their own...especially on border/ boundary with no clear measurements etc. As you say very expensive ..whichever way you go with lawyers....In civil law you do not always get your money back even if you win....Even when you clearly win your case...Some civil court Judges give it to the opposition for no concievable reason...No logic in civil disputes...Just not worth it . Link to comment Share on other sites More sharing options...
PhilB Posted 23 April, 2009 Share Posted 23 April, 2009 Don't beat around the bush just hedge your bets and go for it Link to comment Share on other sites More sharing options...
Beckster Von Doodle Posted 23 April, 2009 Share Posted 23 April, 2009 You are probably right..... I just Remember The ADVERSE possession saying in law. re peeps who have cultivated or used land as their own...especially on border/ boundary with no clear measurements etc. As you say very expensive ..whichever way you go with lawyers....In civil law you do not always get your money back even if you win....Even when you clearly win your case...Some civil court Judges give it to the opposition for no concievable reason...No logic in civil disputes...Just not worth it . The only ones who win are the lawyers. As the hedge is noted on the neighbours deeds, I think it will be hard to prove anything. One thing to check is whether there is a covenant on the deeds that says that the hedge must be retained and to a specified height. The only way I think he could stop the hedge being removed is by playing dirty with the bats, birds or newt plan .... Link to comment Share on other sites More sharing options...
Scudamore Posted 23 April, 2009 Share Posted 23 April, 2009 (edited) Agree with Amesbury Saint. We have just had a site held up by 4 months because of "bats". Something else to throw in is that birds nest in there ... they are funny about hedges being taken down in nesting seasons. Finally, if you do get a solicitor involved, get a fee proposal up front, don't just let him do it by the clock. We are involved in a boundary dispute at the moment that has cost us £10,000 already and by the time we get to court (with barristers) will be over £20,000. Good luck. £20,000 on a boundary dispute? Are you mental? Edited 23 April, 2009 by Scudamore Link to comment Share on other sites More sharing options...
OLYMPIC Posted 24 April, 2009 Share Posted 24 April, 2009 £20,000 on a boundary dispute? Are you mental? One of my customers spent £50,000 on a dispute about a 1 metre wide strip of land down one side of his garden and lost. Link to comment Share on other sites More sharing options...
Minty Posted 24 April, 2009 Share Posted 24 April, 2009 One of my customers spent £50,000 on a dispute about a 1 metre wide strip of land down one side of his garden and lost. Wow. To be honest, whether he won ot lost wouldn't have mattered, just doing it is plain nuts IMO. There are far more important things in life... Link to comment Share on other sites More sharing options...
OLYMPIC Posted 24 April, 2009 Share Posted 24 April, 2009 Wow. To be honest, whether he won ot lost wouldn't have mattered, just doing it is plain nuts IMO. There are far more important things in life... I know it's mad but i think it reached a point where neither side would compromise and got totally out of hand,stupid thing is his neighbour originally offered to split the ground 50/50 but he wasn't having any of it. Link to comment Share on other sites More sharing options...
Beckster Von Doodle Posted 24 April, 2009 Share Posted 24 April, 2009 £20,000 on a boundary dispute? Are you mental? Its company money so not mine personally. The other party is land grabbing. Its shocking regarding the money but to my boss its the principle of the matter. We have offered to negotiate but he's being pigheaded. All in the hands of the judge now. Link to comment Share on other sites More sharing options...
Beckster Von Doodle Posted 24 April, 2009 Share Posted 24 April, 2009 Wow. To be honest, whether he won ot lost wouldn't have mattered, just doing it is plain nuts IMO. There are far more important things in life... You are right, there are more important things in life but sometimes, you have to fight for something you think is right and if you think your neighbour is stealing your land then it got to be done! Link to comment Share on other sites More sharing options...
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