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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience:  Over 5 years in practice
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Hi, 5 weeks ago we started to cut our hedges down to a manageable

Customer Question

Hi, 5 weeks ago we started to cut our hedges down to a manageable height (they are about 9 foot) our neighbour popped his head over an said he wasn't happy we were damaging his hedges we explained they were ours an the dispute started, we got our land registry an it confirmed it was ours but our neighbour still says he owns both sides of his land without ever looking at our deeds and refusing to prove he does, they phoned the police an she came to me an basically said she doesn't no why she's here it's not a criminal matter, she said a mediation officer will call , but we had to chase them up to be told it's not a police matter an get a second opinion, we've already spoke to a boundary specialist who said it's ours cut it down, but the police have said leave it until we get a second opinion, please help as the hedge could die if we don't sort it, our neighbours are being abusive, I just need to know what we can or need to do next , we are sending off for their land registry today, but ours says it's ours , thank you Sarah
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.
Customer: replied 2 years ago.
If the land reg title deed plan clearly shows the boundary is our responsibility and states it in writing that I must keep my hedge or fence in good order can my neighbour carry out his threat to sue me for trimming the hedge? Can I cut my hedge?
Expert:  Jo C. replied 2 years ago.
Land registry deeds say that the hedge is yours, on what basis can she say that it is not?

Is she saying that the hedge referred to in the deeds is another hedge and that the boundary is in the wrong place?
Customer: replied 2 years ago.
No he's claiming all the boundaries around his property are his, but this contrary to what my deeds say.
Expert:  Jo C. replied 2 years ago.

If this went to court based upon your irrefutable evidence, the neighbour is likely to lose.

However at this stage in time there is a dispute and it would be worthwhile telling the neighbour to get legal advice because you are going to cut the hedge down anyway and if he feels differently, he should go to court to get an injunction to stop you.

You may not want to be so bold and I can understand why in which case, you make the application to court for a determination that the hedge belongs to one or the other.

Check your house insurance to see if you have legal expenses cover would pay for the legal costs just in case you lose for any reason.

If you got the order you would normally get costs awarded against the neighbour.

A solicitors letter threatening the court application and telling the neighbour to seek legal advice would probably be the correct first step forward.

However there is a sting in the tail for the neighbour. Tell the neighbour that if he insists that the hedge, which I assume is evergreen, is his to get it cut down to 2 m failing which you will refer the matter to the local authority to get a court order to make him cut it down to 2 m at his own cost!

That is providing the hedge is evergreen you can make the neighbour cut it down to 2 m high under the nuisance tree legislation..

The matter is dealt with by the local authority generally want a fee of about £300 to start the process.

There are some local authority links from around the country which explains the legislation and the process
meanwhile, you do need to get the issue of the determination of the boundary resolved.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69254
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile
Customer: replied 2 years ago.



Hi Jo, thanks for your help yesterday on a hedge dispute we are having.


The situation has escalated somewhat and we had a police visit for the 2nd time yesterday. We weren't in but the police officer spoke to our neighbour who told the police that he had instructed a solicitor to act and that we should have received a letter yesterday, we haven't received anything as yet.


Now this is the 2nd time he has said this without us actually receiving anything in the post.


How long should we delay while waiting for something in writing from his solicitor ? Our plan is to continue with cutting the hedge next weekend ( 5th April ).


The police advised we wait 2 weeks but at the same time said it wasn't a police matter and they would no longer be involved.


He's also told the police a bit of a story that is completely the opposite to what has actually happened !



Expert:  Jo C. replied 2 years ago.
Put it in writing to the neighbour that unless you hear from the neighbour's solicitor by Friday, 28 March, you will go ahead with cutting the hedge.

Let him chase the solicitor.

Make a diary note of exactly everything that was said by whom what time on what day so that you can refer to it in the future if needed.

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