How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6440
Experience:  Solicitor
Type Your Law Question Here...
Jamie-Law is online now

Mi neighbour is currently cutting down an ancient hedgerow

This answer was rated:

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.

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

Is it jointly owned please?

Customer: replied 1 year 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?

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:

And N16a:

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?

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

Does that clarify?

Customer: replied 1 year ago.
Hi, it does yes.Many thanks and best regards

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and 2 other Law Specialists are ready to help you