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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6959
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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After the next door neighbour finished their extension, they

Customer Question

After the next door neighbour finished their extension, they fenced off more than their fair share of what was a boundry hedge with a wooden fence. Our loss. What can we do about it?
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.

Do not worry in terms of time limit you have 12 years to do something about it.

How do you know it was more than their "fair share" ?

Michael

Customer: replied 1 year ago.
The hedge runs from the front path, along our driveway, to the end of our back garden and is the boundary hedge. On average it is some 18 inches across. The fencing that has replaced the portion of hedge taken away for building is supported by 4 inch square posts. These posts, I measured to be placed vertically about two inches in on my side from the centre of the hedge and then inch thick lengths of planks nailed to the posts on my side, leaving me with about two inches in from our side of what was the hedge. The neighbours have gained fifteen inches in all, an extra six inches from the centre. Difficult for me to articulate this in writing. Am I making sense?
Expert:  Michael Holly replied 1 year ago.

Yes.

You appear to be making the assumption that the centre of the hedge is the boundary which is not necessarily so.

I would get hold of a set of Office Copy Entries of the title to your property and that of your neighbour. These can be obtained from the Land Registry and any local conveyancing solicitor should be able to get them at a reasonable price , they are £6.00 each for the title document and map.

With each set is a scale map of the property from which the dimensions and boundaries can be ascertained.

From there , if he is encroaching, you advise him he is trespassing and he moves it or you sue and he gets to pay your legal costs when you succeed.

Best wishes

Michael

Customer: replied 1 year ago.
Alright Michael. I will do. Thank you for that. Regards, Rory.
Expert:  Michael Holly replied 1 year ago.

You are welcome

Michael