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Boundary

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joe1 | 13:41 Sat 22nd May 2010 | Civil
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Hi,
Can anyone advise pls.

There is a large privet hedge, planted on my property many years before I came here. It is getting very old and wide and is encroaching into my harden more and more. The original boundary is on other side of it and boundary fence posts have rotted away. I have noticed that new neighbour has dug his garden right up to hedge after trimming vigourously and has therefore technically been digging my land.

Is it true that if I leave situation as is that he will eventually be able to claim land as his?

Thank you

J
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I have heard that happens eventually but I think it`s a matter of being left for quite a few years before it becomes his. If you could find any evidence at all of the old fence posts (by digging down maybe)? you could re-draw the line for him
If the hedge is so wide then there is a likely hood that the boundry isn't or wasn't 'the other side' of the hedge and that it was further in than you think.

A lot has been said elsewhere in as much as you shouldn't have two boundry 'markers' ie fence and hedge for just this reason.

Your neighbour will aquire rights over this piece of land if you do nothing about it.

1. Take down your hedge and reinstate your fence.

2. Reinstate your fence without taking out the hedge. (May be difficult to get access though)

3. Loose this strip of land.

4. Talk to your neighbour!! Do they realise they have encroached?

5. Other?
Speak to the rather wonderful and friendly people at the Land Registry. You can either visit one of their Customer Service Teams or make an enquiry over the phone, they will be able to give you best and accurate advice with regards to Adverse Possession and where you stand.

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