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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I live in a rural area and I am in a hedge/ditch boundary

Customer Question

I live in a rural area and I am in a hedge/ditch boundary situation with my neighbor. He did not clean the ditch or cut his hedge in more than 10 years, the ditch was not functioning properly and my garden was flooded all the time. 5 years ago he agreed at our own expense to improve the ditch by adding a land drain pipe so that the drainage on both properties to be improved and no need for cleaning/maintenance. The ditch was no more than 4 feet wide. 2 years ago he sold his property and the new owner demands 14 feet from our property saying the ditch should have been 14 feet wide when dug by hand few hundred years ago. At that time we took pictures with the hedge and ditch.He also removed the hedge without consulting us and does not have any intention to replace it, so we are exposed and overlooked. Question: Can he do whatever he wants with the hedge or we can have a saying about being exposed and overlooked. Is he entitled to demand so many feet from our property, what can we do about this stressful situation
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Is the hedge on his land and belonging to him?

Is the ditch on his land?

Is the flooding no longer a problem?

Is your question about being exposed and overlooked or is there something else?

Customer: replied 1 year ago.
The hedge is behind the ditch, it is called phisical boundry,in front of the hedge is his ditch which is on our side of the property, the hedge was 100 years old made of trees and hawthorne, we could not see his property but the ditch is on our side, the flood is resolved because we spent money and improved the drainage with a drainpipe, now there is a smooth ground from where the lip of the ditch used to be and the phisical boundry. The ditch was not more than 60 cms wide, and belonged to the previous owner. Can the present owner ask us to remove the drainpipe and install the new boundry on the lip of the ditch? The boundry with the neighbour is 70m long( 210 feet) and we are very overlooked, we want privacy as before the new neighbour arrived. Is it any law with regards ***** ***** a 100 old hedge or he can do wahtever he wants?
Customer: replied 1 year ago.
The hedge and the ditch belongs to the neighbour. The hedge was on his property on the lip of the ditch as he looks at his house and the rule of hedge /ditch applies, I would like to ask if the law allow us to install a fence on the lip of the ditch on our side, where there is the actual boundry