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tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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A conveyance for disposal of part of a property (a dividing

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A conveyance for disposal of part of a property (a dividing into two) contains a restriction such as that the 'new owner' of part is not allowed to interfere in any way with the hedge between the now two properties, ie not to interfere with or cut it even if it overhangs the part now a new property.
What is the situation if part of the hedge later dies and is replaced with like for like but new in the same line of position, is the restriction still valid for the new part

tdlawyer :

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tdlawyer :

This will be a matter of construsing the deeds and the terms of the restriction, but I would imagine that it's a pretty simple case of the whole objective meaning of the clause being that the neighbour cannot interfere with the dividing hedge that stands between the two properties, irrespective of whether it's the same hedge or not.

tdlawyer :

I suppose, if you follow the logic here, bushes grow, and re-grow and change and even if the initial hedge does not die, what it present in 10 years time is not actually the same hedge, it is a grown version of what once was. The only difference in your case is that you've changed the actual thing, which was changing anyway though it being alive etc., and as such, I would imagine that it makes no difference to the covenant you're referring to.

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