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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8987
Experience:  I have been practising for 30 years.
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My neighbour has claimed they have responsibility boundary,

Resolved Question:

My neighbour has claimed they have responsibility for our boundary, which she does have a t mark on her deeds. When our houses were built about 40 years ago, a hedge was planted along the boarder, our other neighbours suggest this was planted by the first owners of our house. My neighbour has cut down the hedge and replaced with a hastily unmatched fence. When the stumps of the hedge were still showing, they were clearly on my side of the boundary line; the centre line of the stump nod although 40 yrs of growth has meant they crossed the boundary, it was still clear to me and witnesses that the story from my other neighbours of the hedge belonging to my property was true.
This follows years of what I consider harassing behaviour, and now it seems she's cut down my hedge, what can I do now, if she is responsible for the boundary?
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

Would the average person look at the situation on the ground now and immediately conclude that the now removed and demolished hedge belonged to you?

What do you actually want to happen?

Expert:  F E Smith replied 9 months ago.

I’m sorry but some of the typing appears to have gone awry and I can’t understand what you are saying. What does this mean?

“Knowing thr only reason hr was sble to purchsse the property because of mr” and “In order to get s mortgsge. To which I paid”

Is there a mortgage on the property or not?

Customer: replied 9 months ago.
Apart from the witness and the photos I took, there is now no evidence since the stumps were ground for the fence to be laid. The neighbour, in our opinion has constantly been harassing us to a point to which we now don't feel content in our own home and can't stand the sight of her, or the ruin to our garden boundary look. We feel that we want to just move home, but I don't want to let her force us to move. I'm not sure what we can do? Report her for harassment, claim for the cost of a new hedge?
Customer: replied 9 months ago.
The previous response regarding mortgages etc was not in response to my question. I sent you an updated response
Expert:  F E Smith replied 9 months ago.

I apologise for the earlier post. It’s on the wrong thread. It does happen from time to time. Please ignore.

If you have photographs, they would be sufficient if they are clear enough to prove that she had demolished a hedge belonging to you and that is criminal damage. You should refer it to the police but don’t be surprised if the police say that this is a civil claim.

You can claim the cost of a new hedge and if she won’t pay it, take her to court for the cost. Unlike a criminal prosecution which has to be decided beyond all reasonable doubt a civil claim is decided on the balance of probabilities. If therefore you have evidence (photographs or witness statement) which shows that it’s more likely the hedge was yours than not, then your claim will succeed.

If you have house insurance, check the policy details because many policies have legal expenses insurance and if you have, it could pay the legal costs of any litigation.

Can I clarify anything for you? Please do not forget to rate the service positive. It’s an important part of the process by which experts get paid. We can still exchange emails.

Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8987
Experience: I have been practising for 30 years.
F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you

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