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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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I have a boundary dispute. The boundary between my neighbour

Resolved Question:

I have a boundary dispute. The boundary between my neighbour and I is a stream Shaw Brook. Last November he instructed tree surgeons to cut down 2 mature sycamore trees on the bank on my side of the brook. He owns the brook and claims that he also owns the bank of the brook on my side. I have written evidence showing my boundary as the northerly edge of Shaw Brook which I understand to be the water's edge. Am I right or is he?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Dear Nicola

Please keep trying. My documents relating to the boundary are 74 years old and pre-date the houses on the other side of the stream which my neighbour owns. I am seeking compensation for the trees but my neighbour says as they were mostly in the bank of the stream they belonged to him.

Thanks

Glynis

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 2 years ago.
1. At the outset, you need to realise that the usual rule is that the party owning the land on one side of a stream or brook, owns the land up to the midpoint of the river. So unless there is some recital in the original deeds that your neighbour owns your bank of the stream, it is incorrect for him to assert that he owns the trees on your side of the brook. The situation is that you own the land under the brook up to the midpoint line of the brook. This means that you own the bank of the brook on your side of this stream.
2. So your neighbour was acting unlawfully when he instructed two tree surgeons to cut down two mature sycamore trees on your bank of the brook. In law your neighbour would only have the lawful right to lop off branches from these two trees where they overhung beyond the midpoint line of the brook on his side of the stream. Your neighbour has no lawful authority to cut down the trees on your side of the brook, nor has he the power to cut any branches up to the midpoint line on your side of the brook. So you can successfully sue him for seeking to cut down the two sycamore trees on your side of the brook.
Customer: replied 2 years ago.

Dear Buachail

My original documents include letters from solicitors attempting to define the boundaries. Originally the solicitors suggested the midpoint of the stream as the boundary but the solicitor for the then owner rejected that on the grounds that it might incur his client in extra costs in keeping the stream clear. Therefore my neighbour owns the stream which I do not dispute. My letters dated 1929-31 and a Statutory Declaration dated 1965 state that my boundary is the northerly edge of Shaw Brook which I take to be the water's edge. My neighbour claims that as he owns the whole stream he owns the banks of both sides. Is he right?

Glynis

Expert:  Buachaill replied 2 years ago.
3. Your neighbour is incorrect. Just because he owns the subsoil under the stream, this does not mean that he owns the bank on your side. Accordingly, s/he is acting unlawfully in seeking to cut the trees on your bank.
Customer: replied 2 years ago.

Dear Buchaill

Is this judgement on the boundary of a stream in case law or will I have to allow the judge to decide at the hearing?

Best wishes

Glynis

Expert:  Buachaill replied 2 years ago.
4. Dear Glynis, you will have to let the judge decide this at the hearing of the action. YOurs is a different case to the norm where there are clearly some extra documents which confirm the exact situation with the ownership. So the judge will have to interpret these. This is not a general principle which can be deduced from caselaw which is being applied. So it will need judicial resolution.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience: Barrister 17 years experience
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