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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Dos a joint 80 year old Hawthorn Hedge Supersed a "Red & Black

Resolved Question:

Dos a joint 80 year old Hawthorn Hedge Supersed a "Red & Black Line" on an Ordnance Survey Map to determine the position of a boundary?

Any alterations or replacement of a boundart should be done only with agreement?

If sumone removes a Hedge should thay replace or install a new fence?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Are your and your neighbours properties registered with H M Land Registry please?

Joshua :

Is there a ditch on either side of the hedge in question by any chance?

Customer:

Tried to had problem

Customer:

Quarry to one side. Tride to had problems.

Joshua :

Thanks. May I clarify whether you and your and your neighbours properties registered with H M Land Registry please?

Customer:

This is part of the problem,

Customer:

I tried to register my land.

Customer:

Thay removed the Hawthorn Hedge.

Customer:

Thay now say I have built on ther land.

Joshua :

Thanks. So if I understand correctly your land is unregistered land. Do you know if the neighbours land is registered or is that also unregistered?

Customer:

Land Reg Have used "Red & Black Lining to detemin the boundary of the Quary. I bult my house within my garden which was within the Hawthorn Hedge.

Joshua :

Thanks. When was the hedge removed and was a replacement structure erected in its place? If so by you or the neighbour?

Customer:

This was removed when thay Re-Graded the Quarry

Customer:

When thay the bancing removing 10 to 20m of banking to use the spoil to Re-graded the Quarry Bason lifting the levels by 2m.

Customer:

No fenceing was replaced to define any new boundary.

Joshua :

Thanks. So the boundary was or is open between your respective land? What do they claim you have built on their land? Has construction finished?

Customer:

I installed a new fence along what was the old Hawthorn Hedge and the newly formed bankin top of the Quarry rige ( we had a family and dog to protect)

Customer:

constrution has finished.

Joshua :

Thanks - is it the fence they claim is on their land your something else?

Joshua :

(We are almost there-sorry for so many questions)

Customer:

Thay are saying I pusum is on ther land

Joshua :

pusum = ?. Is this a typo?

Customer:

yes

Customer:

Thay are saying I am on ther land.

Joshua :

Thank you and the last question above which I can't see has been answered is "What do they claim you have built on their land?". That should be all I need.

Customer:

Thay removed theexisting Hawthorn Hedge boundary, It now sems to be i have to prov ther was a Hedge.

Customer:

Part of my new house.

Joshua :

Many thanks

Customer:

What do I do now?

Joshua :

What you have effectively here is a boundary dispute. If there is a dispute with regards XXXXX XXXXX location of the boundary line then you can either agree between you where the boundary line lies or failing which you would need to resolve the matter either using the RICS boundary resolution service or through the land Registry adjudicator or alternatively the County Court.

Joshua :

It can often be difficult to determine the exact position of a boundary in terms of centimeters or inches but a plan should enable identification of land in terms of several feet usually. Properties are generally registered with a plan for identification purposes showing the general position of a boundary or in the case of your property your title deeds should contain a plan. Sometimes it can be relatively straightforward to determine the location of the boundary by reference to another structure such as the house but not always and even then not necessarily with the degree of accuracy that may be required.

Joshua :

If one or both plans contain measurements these can often be conclusive particularly if they are shown on a land registry plan but this is comparatively rare.

Joshua :

If you are unable to agree the location of the boundary line, you can ask the Land Registry to determine the boundary on the title plans by instructing a surveyor to prepare a a very precise plan showing the exact line of the boundary in the surveyors opinion. You will need to use a RICS qualified surveyor to draw up a plan. You then complete form DB (link below) and send to the Land Registry who will inspect the same and serve a notice on your neighbour offering him the opportunity to object to their proposals. You can include the evidence such as you have with your application and can show this to your surveyor when he is preparing his plan.

Joshua :

http://www.landregistry.gov.uk/_media/downloads/forms/DB.doc

Joshua :

There is a fee of £90.

Joshua :

If your neighbour agrees to this proposal you can share the cost of a surveyor. If he refuses then this amounts to a boundary dispute which can be determined by the Land Registry Adjudicator as above using the above form.

Joshua :

If the boundary is determined in the above manner then his and your title deeds (when registered) will be updated with precise measurements which are legally binding going forward.

Joshua :

In terms of your house, if the decision were to go against you then there is the question of the part of your house they claim is built on their land. There is little chance of their being able to force you to remove this at this stage as the courts will typically not grant such a remedy to an applicant where construction has finished. Rather in such circumstances they would usually only be prepared to order compensation be paid to the landowner equivalent to the market value of the land but this is only an issue if you are unsuccessful in your application to determin the boudary as above.

Joshua :

Is there anything above I can clarify for you?

Customer:

Is a hawthorn hedge defined as a boundary, do I have any legal rites as thay removed the boundary?

Joshua :

A hedge or other structure is not a definitive definition of boundary but it can act as evidence of the location of a boundary if it broadly fits with a title plan and can be shown to be long established. It is worth noticing particularly in relation to a hedge with a ditch on one side that the boundary line is presumed to be the ditch but from what you say this does not apply here.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

No you have help a lot.

Joshua :

A pleasure.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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