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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a shared boundary hedge with our neighbours.

Resolved Question:

We have a shared boundary hedge with our neighbours. Evidence that this is a shared sturtcure is given in our deeds where the hedge is highlighted and the boundary passing down the middle. The neighbours are doing an extension and their plans showed that that they had put the boundary 1-2m on to our side, assuming some structures in our garden designated the boundary. A year ago we had told them that the hedge was shared so obviously this 'slip' was concerning. We went back and reiterated that the hedge was shared and we wouldn't be happy for it to be removed and that the structures in our garden were stepped about 1m from the boundary. They replied agreeing they would update their plans and advised they were therefore planning on cutting the hedge back to the boundary line and putting in a fence but weren't sure where the boundary line would be. We explained that we would be happy in that scenario as long as the trunks of the hedge remained intact and explained our understanding was that the trunks would be considered the boundary line. We have not had further communication with them on this matter so far.
I am contacting you as I wish to check my understanding is correct, that the hedge is a shared, party structure and cannot be removed unless both parties are in agreement. That they have a right to cut it back to the boundary but not remove it or compromise it (do anything that could kill it), and we have a right to request that they do not remove it.
I also want to check what our rights are should the hedge be removed without our agreement. Do we have a right to go to court to be compensated for its removal, and is this a civil matter instead of one for the police?
Submitted: 12 months ago.
Category: Property Law
Expert:  Ash replied 12 months ago.

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

Just to be clear, it does not say on your deeds the hedge is owned by one side or another?
Alex

Customer: replied 12 months ago.
No, the hedge is drawn on to the plans and the boundary shown passing through the middle, and our side of the hedge highlighted.
Expert:  Ash replied 12 months ago.

Ok - then you are correct. It is jointly owned and no part of it can be removed (save for usual trimming) unless both owners agree and consent.
It is jointly owned and if one party cuts or removes it, that technically is criminal damage.

It is an offence, criminal damage - but the Police may try and tell you its civil, it is not

Can I clarify anything for you about this today please?
Alex

Customer: replied 12 months ago.
Thank you, ***** ***** police were to make this claim, what can we do to persuade otherwise?
Expert:  Ash replied 12 months ago.

You can insist - its criminal damage of property belonging to another.

If that does not work, write to the Chief Constable and make a complaint.

Can I clarify anything for you?
Alex

Ash and other Property Law Specialists are ready to help you
Customer: replied 12 months ago.
Many thanks, that's all i think!
Expert:  Ash replied 12 months ago.

Thanks and good luck! Alex

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