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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4705
Experience:  Solicitor
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Mi neighbour is currently cutting down an ancient hedgerow

Resolved Question:

Hi, mi neighbour is currently cutting down an ancient hedgerow which forms the boudary of our properties. I do not want it cut back to the extent to which he is doing What courses of action are open to me; I have shown him the boundary plan clearly showing the boundary and he has ignored this.
Submitted: 11 months ago.
Category: Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

Is it jointly owned please?

Customer: replied 11 months ago.
HiThat is also where it becomes challenging. My plans clearly show the boundary to be in the middle of the hedgerow whereas the the land registry titles clearly show the other person's boundary to be their side of the hedgerow. the land between the centre of the hedge appears to be a 'no man's' land. The reasonable interpretation woud be that the hedgerow is jointly shared. He is working on the basis that he has the chain saw and once it's done, it's done! Could there be an argument for trespass if it is outside of his boundary or if he cuts over further than the centre line?
Expert:  Jamie-Law replied 11 months ago.

You need to write and ask that the fence is removed or say you will seek further steps from a Solicitor.
If he refuses then you can get a local Solicitor to write and ask that it is removed or say you will go to Court.

If that does not work or you do not want to use a Solicitor you can seek a Court order that it is removed. You would need to use form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

If you are on low income or pension you may get fee remission for Court fees. The Court will list the matter for hearing and decide whether to make an order that he remove the fence.

If the Court does make the order and he refuses, this could be contempt of Court which he may be warned, fined or sent to prison.
Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 11 months ago.

When I say removed, I mean stop removing, so to re-instate.

Does that clarify?

Customer: replied 11 months ago.
Hi, it does yes.Many thanks and best regards
Expert:  Jamie-Law replied 11 months ago.

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