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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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The council have told me they want the hedge on my boundary

Resolved Question:

Hi the council have told me they want the hedge on my boundary (marked T )to be removed because the tenant cant be bothered to maintain their side. The council state the roots are on her side so they can cut the hedge down whos right ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I confirm if you own or rent your property please?Do you accept that the hedge grows out of the neighbours property please or do you contend that the hedge is planted on your property?Are there any measurements on your file plan (there usually aren't)?Finally you mention a T mark on the plan on the hedge boundary. Is this "T" on your side of the boundary on the plan?
Customer: replied 1 year ago.

My deeds state the T on my side (I own the property)

the hedge is the boundry marked T I have maintained it for the last 36 years.

Expert:  Joshua replied 1 year ago.
Thank you very much. Lastly could you just address my other points which were:Do you accept that the hedge grows out of the neighbours property please or do you contend that the hedge is planted on your property? andAre there any measurements on your file plan (there usually aren't)?
Customer: replied 1 year ago.

My deeds state the hedge is my boundary grown down the middle

no measurements on file plan.this is my final reply to thanks for your

help.Ken

Expert:  Joshua replied 1 year ago.
Thank you. Unfortunately there is very little legislaton that deals with boundaries which makes resolving disputes sometimes difficult. There is a common law presumption that in the case of a hedge and a ditch, the boundary line lies on the far side of the ditch from your perspective. owever I assume here that there is no ditch and therefore this is unlikely to assist. In the assumption not then you have the potential for a boundary dispute here. The first step is to serve notice on the neighbour and the council that you dispute their claim and claim that the hedge is planted on your side of the boundary and belongs to you perhaps enclosing a copy of your title plan showing the "T" mark and tht you will consider any attempt to damage or remove the hedge to be an act of criminal damage and will seek to prosecute and to claim damages for the damage to your land, loss of amenity and the cost of replacement of the hedge. You may go on to say that you have no objection to the neighbour trimming the hedge on their side of the boundary so far as it may overhang their land. The T makr is not conclusive as your owning the hedge but it is helpful to your position. The council nor neighbour have any basis to determine the boudary line definitively without recourse to a determination by the Land Registry or Property Tribunal so if they proceed to damage you hedge in light of your notice you could potentially call the police for criminal damage and seek damages as above. Before any work is undertaken to the hedge it is first necessary to determine the boundary line if you cannot agre on such work. 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. obviously the existence of a hitch and a ditch in view of the common law presumption this raises is very useful evidencing your favour and would be included with the submission of the surveyors planhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/390852/DB__web_friendly_PDF_.pdf 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. If the boundary is determined in the above manner then your title deeds will be updated with precise measurements which are legally binding going forward. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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