Hedge Ownership?

[NoodleDoodle]

I'm hoping all you Lemon Fools can give me the benefit of your legal experience. I've recently moved into a property with a hedge along one side, boardering the neighbouring property. It's growing on my side of the boundary, all the roots are on my property, and I have a very helpful letter from the previous owner stating that the hedge belongs to my property and giving the etiquette for cutting it. The adjoining neighbour is claiming ownership. I think this is a blatant try-on, taking advantage of confusion during new ownership. Unfortunately the previous owner moved overseas and I don't have contact details, so can't get any more information from them. I don't want a 'war' with the neighbour and the unpleasantness that comes with it, but don't want to acquiesce either when I don't believe they have any claim to ownership. Can anyone suggest the best way to respond?

[Dod101]

Do you have reason to suppose that he wants ownership to cut it down? Otherwise I cannot see why he would want that and the responsibility that comes with it for maintenance but if the roots are well within your boundary I do not see that there is any argument. My property is bounded on three sides by high hedges and I would be perfectly happy if someone else claimed ownership just as long as it did not entail moving my boundaries.

Why not put the previous owner's letter in your pocket, give the neighbour a call and try to see him, socially distancing of course. Do not at this stage give anything away but simply ask him why he thinks it is his hedge. Let him talk and see what he tells you. You will then be in a better position to know how to respond, but I would have thought that the letter from the previous owner plus the fact that the roots are on your land would be sufficient. It sounds as though he may want to claim that the hedge is rooted on his land and thus be intent indirectly in moving the boundary.

Dod

[stewamax]

Do you have reason to suppose that he wants ownership

It depends on how unarguable and well-defined the boundary actually is.
If the neighbour successfully claimed ownership and then looked after the hedge, he/she has more or less also claimed a new boundary (essentially the line of hedge roots), if only (after 12 years) by adverse possession.

[ReformedCharacter]

It's growing on my side of the boundary, all the roots are on my property

Then it's your hedge and it sounds as if your new neighbour is trying to move the boundary. The letter from the previous owner could be useful.

I've recently resolved a hedge issue myself but that would be OT for this discussion.

RC

[mc2fool]

A letter from the previous owner is just anecdotal really. What does the plan with the land registry title for the property say? Mine specifically highlights which sides I'm responsible for fencing.

Have a look through the pile of bumpf your solicitor gave you; borders etc should have been included in conveyancing. If it isn't clear or isn't there then ask your solicitor.

[kiloran]

It's growing on my side of the boundary, all the roots are on my property

Then it's your hedge and it sounds as if your new neighbour is trying to move the boundary. The letter from the previous owner could be useful.

I've recently resolved a hedge issue myself but that would be OT for this discussion.

RC

Maybe the neighbour is trying to assume ownership because they could then remove the hedge and replace it with a fence, because they hate having to trim their side of the hedge. Hedges also tend to make the ground very dry, so not good for nearby planting

--kiloran

[Lootman]

It's growing on my side of the boundary, all the roots are on my property

Then it's your hedge and it sounds as if your new neighbour is trying to move the boundary. The letter from the previous owner could be useful.

I've recently resolved a hedge issue myself but that would be OT for this discussion.

Maybe the neighbour is trying to assume ownership because they could then remove the hedge and replace it with a fence, because they hate having to trim their side of the hedge. Hedges also tend to make the ground very dry, so not good for nearby planting

This reminds me of a (mild) dispute I once had with a neighbour. He wanted to replace an existing fence with a new one. I told him I was perfectly happy with the existing fence, but had no objection to him putting up a new fence on his side of the existing one.

He put in a taller fence on his side. Whereupon I removed mine, thereby gaining about two feet of land. I guess everyone was happy with the outcome.

[PhaseThree]

The fact that the previous owner thought it necessary to leave you a "very helpful letter" regarding ownership of a hedge would tend to indicate that this is not a new dispute. Was any note of this made during the house purchase ?

[NoodleDoodle]

Thanks to everyone for their thoughts. Regarding the letter from the previous owner, from the overall context I don't think there was a previous issue. It was a long list of things to know about the property, such as when the bins are collected and recommending a window cleaner - a sort of welcome and useful information thing.

The deeds do show that the neighbour has responsibility to maintain the boundary on that side of the property. My understanding is that gives responsibility for ensuring there is a boundary, but doesn't imply any sort of ownership over whatever fence or hedge may be creating that boundary. Is my understanding correct? The property is 1950's so there's been sixty plus years of fences and hedges. Who knows what was there originally.

The deeds show the line between properties as a straight line. This makes the hedge clearly in my garden otherwise the boundary would have a dog-leg.

My main worry is that by claiming ownership he could subsequently try and remove it or significantly reduce the height. It's beech and about 8ft, which gives a nice screen. It would be costly to remove, much cheaper surely to just put a fence on his side, but not everyone is logical and it is a worry.

[mc2fool]

The deeds do show that the neighbour has responsibility to maintain the boundary on that side of the property. My understanding is that gives responsibility for ensuring there is a boundary, but doesn't imply any sort of ownership over whatever fence or hedge may be creating that boundary. Is my understanding correct?

I take it the deeds don't specify any further details? (mine say "...a suitable close boarded fence of at least six feet in height" -- although there's actually a yew hedge there!)

In any case, whether the form of it is specified or not, "responsibility" must mean at their cost and "maintain the boundary" must mean something physical (they can't maintain an imaginary line!), so really the question of ownership is moot; they can tear down, replace, etc, whatever is on the boundary. Of course, if the hedge is on your land and not on the boundary then you could claim that they're not upholding their responsibility and insist that they put up a fence on the boundary, on their side of the hedge.

My main worry is that by claiming ownership he could subsequently try and remove it or significantly reduce the height.

You haven't said how they are trying to claim ownership. Is this idle chat or some formal approach? If they are insistent then in the end the matter has to go to solicitors, so I'd say the best thing to do would be to have a chat with your solicitor first, to be sure of where you stand, and then (hopefully) tell your neighbour that your solicitor says the hedge is yours and if he disagrees then he should get his solicitor to contact your solicitor.....

[supremetwo]

The deeds do show that the neighbour has responsibility to maintain the boundary on that side of the property. My understanding is that gives responsibility for ensuring there is a boundary, but doesn't imply any sort of ownership over whatever fence or hedge may be creating that boundary. Is my understanding correct?

I take it the deeds don't specify any further details? (mine say "...a suitable close boarded fence of at least six feet in height" -- although there's actually a yew hedge there!)

In any case, whether the form of it is specified or not, "responsibility" must mean at their cost and "maintain the boundary" must mean something physical (they can't maintain an imaginary line!), so really the question of ownership is moot; they can tear down, replace, etc, whatever is on the boundary. Of course, if the hedge is on your land and not on the boundary then you could claim that they're not upholding their responsibility and insist that they put up a fence on the boundary, on their side of the hedge.

My main worry is that by claiming ownership he could subsequently try and remove it or significantly reduce the height.

You haven't said how they are trying to claim ownership. Is this idle chat or some formal approach? If they are insistent then in the end the matter has to go to solicitors, so I'd say the best thing to do would be to have a chat with your solicitor first, to be sure of where you stand, and then (hopefully) tell your neighbour that your solicitor says the hedge is yours and if he disagrees then he should get his solicitor to contact your solicitor.....

Careful!

Solicitors and arbitration costs for a dispute over less than 1/2 metre boundary position between neighbours nearby became upwards of £20k.

[Lootman]

Solicitors and arbitration costs for a dispute over less than 1/2 metre boundary position between neighbours nearby became upwards of £20k.

In the case I mentioned earlier, I gained a 2 foot strip of land. That may not sound like much. But my rear garden was about 50 feet long, so I gained about 100 square feet. The price of land in London can be up to £500 a square foot.

So at least in theory I gained as much as 50 grand. Could be worth spending £20k on.

[Avantegarde]

Your neighbour cannot just "claim ownership" of the boundary, fence, hedge or whatever. If the facts and the relevant bits of paper (deeds, Land Registry plan etc) are in your favour he has no leg to stand on. If he persists in making vague threats to claim the hedge or intrude on your boundary etc just send him a polite but to-the-point letter pointing out what the facts and documents say and that the disputed line or feature in the garden is yours and not his. You might add that you really don't want to debate the matter any further.

[stewamax]

The deeds show the line between properties as a straight line. This makes the hedge clearly in my garden otherwise the boundary would have a dog-leg

Have a look via Google Maps Satellite view and (mentally) overlay that with the plan in the Deeds

[Nimrod103]

From my reading of various posts on this board (and TMF) over the years, it is clear that hedged boundaries account for a lot of boundary disputes. Fences are much to be preferred.
I recall somebody giving the advice that a) property maps are usually too small a scale and unclear to give definite information on boundary position and cannot be relied upon, and b) what matters in legal disputes is 'what features are actually present "on the ground"?
In this case, you mention a dog leg in the boundary if he claims the hedge. I think that is important. Property boundaries usually follow straight lines.

[AsleepInYorkshire]

I'm hoping all you Lemon Fools can give me the benefit of your legal experience. I've recently moved into a property with a hedge along one side, boardering the neighbouring property. It's growing on my side of the boundary, all the roots are on my property, and I have a very helpful letter from the previous owner stating that the hedge belongs to my property and giving the etiquette for cutting it. The adjoining neighbour is claiming ownership. I think this is a blatant try-on, taking advantage of confusion during new ownership. Unfortunately the previous owner moved overseas and I don't have contact details, so can't get any more information from them. I don't want a 'war' with the neighbour and the unpleasantness that comes with it, but don't want to acquiesce either when I don't believe they have any claim to ownership. Can anyone suggest the best way to respond?

Two miles from me in the town centre a boundary dispute became so expensive one party had to sell their home to pay the costs.

Perhaps an exaggerated example?

I suspect you're hoping that someone can step forward and give you a definitive answer on how to prove your hedge is "legally" yours. Most people assume the land registry title will do this. They're often not that accurate.

I can't tell you how to begin the process of talking this through with your neighbour. That's your judgement call.

Ask yourself this - what if your neighbour is right? Would you miss the land?

I think the RICS offer boundary dispute service. And if things do get out of hand with your neighbour I'd suggest you call them.

https://www.ricsfirms.com/residential/l ... -disputes/

Far more important in any of this is your well-being and that of your family.

AiYn'U

[NoodleDoodle]

Thank you everyone for your views, it's helped me get my thoughts together. It's good to be more informed before I respond to the neighbour's claims.

[richfool]

Thank you everyone for your views, it's helped me get my thoughts together. It's good to be more informed before I respond to the neighbour's claims.

Quite often the small plan included with the title deeds will not only show the boundary lines, but will also show by way of a "T" who is responsible for that particular boundary.

[NoodleDoodle]

Hi RichFool,

The T marks show the neighbour is responsible for the boundary, I don't dispute that. But the hedge is growing in my garden - definitely on my side of the boundary. Isn't it my hedge because it's growing on my property? That's what I understood from the advice so far.

[GoSeigen]

Hi RichFool,

The T marks show the neighbour is responsible for the boundary, I don't dispute that. But the hedge is growing in my garden - definitely on my side of the boundary. Isn't it my hedge because it's growing on my property? That's what I understood from the advice so far.

As others have said, I think it's crucial you talk to your neighbours and find out exactly what the issue is.
-Do they just want to remove the hedge?
-Did they plant the hedge so feel it is theirs?
-Did the previous owner agree that they would maintain the hedge so now they think it's theirs?
-Do they actually want the land under the hedge or believe it to be theirs?

Without asking you can't know for sure what they are thinking, and that makes it very difficult to plan your response. So arrange a time to speak when it is convenient for them, take them a small gift and then ask them what they want and listen (a lot) to what they are saying. Agree to some sort of action, even if it is to look into it and get back to them.

Good luck.

GS