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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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The boundary between my garden

Customer Question

The boundary between my garden and my neighbour's is unclear in the deeds. There was a small hedge (which has since become a big hedge) when we bought the property (built in 1973) in 1998. Four years ago my neighbour erected a cement wall about 1-2 ft away from the hedge on his side of the hedge. So I gained a small bit of land. Now my neighbour insists the space between my hedge and his wall is his and deposits garden rubbish there. I have let this go after an unpleasant and fruitless argument but now I want to sell and move as the garden and house are too much for me. Query...does the erection of a wall mean it is a boundary statement? My neighbour is very hostile as I objected twice to plans for a link house in 2008 but not to the third plan. I did not particularly want the foot of land when the wall was erected but he said they had to do it that way because the hedge stopped them putting it there so the space between my hedge and his wall is his. I suppose it boils down to who owns the bit of land between my hedge and his wall. I do need to clarify things before putting my property on the market. Many thanks for any advice you can give. Kind regards....Joan XXXXX

PS  When  in my garden facing the hedge with wall behind it , I assumed until recently that the wall was now  the boundary and that my neighbour made it so by erecting the wall.

.. The hedge had been there for many years  and  my neighbour did say, when justifying  his claim to the space between wall and hedge , it was because of, in his words"your hedge" that the wall had to be erected his side of it.

Submitted: 3 years ago.
Category: Property Law