Can Anyone With Knowledge Of The Law Please Enlighten Me?

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Stargazer | 17:08 Sat 28th Sep 2013 | Law
12 Answers
Many years ago, after a neighbour had died, his very large garden was sold off for building plots. My property was adjacent to his large vegetable garden and between us there was a rusty very old piece of fencing that must have been there for seventy years (which was when my house was built). As we had a very amicale relationship, we eventualy tore down the eyesore fence but never replaced it. However the markers were still in the ground at intervals, rusty, broken off right angled stakes which were rotten and thus there was no obvious boundary line in place when this land was up for sale for building a house on. I quickly had a hedge planted (as I would have been overlooked by the bedroom windows of the new house). I had the hedge which were small leylandii golden rider plants planted by the Nursery that supplied them. I have kept the hedge trimmed on both sides and the top so that it is well below 6ft and quite narrow. Yesterday I was told by the neighbour of that garden that I was severely at fault for planting a hedge on the boundary line itself as it was encroaching on their land by dint of the roots (this was when they were tiny one foot plants by the way). I was staggered to learn that this has been festering away in the mind of my neighbour all these years as, unknown to me, to prevent a house being built on the land and overlooking their bungalow, these neighbours bought the building plot to extend their garden and therefore a house was never actually built. What is the law please regarding marking ones boundary with a hedge? I have a greenhouse two feet from the bounday so planting a hedge anywhere closer than the bounday line would have been impossible. As it is, it is tight up to the greenhouse which is keeping its growth down. Please what is the law regarding this?


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is there a law ? surely its up to you how you mark your long as you do not break the high hedges act and keep the trees trimmed..unless there are any conditions written into your deeds ?
You have the right to plant a hedge right up to the very edge of your land. However it's not always advisable, as your neighbour has the right to remove any roots which intrude into his land.

"You can trim branches or roots that cross into your property up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property".

How awful to be so petty!
You do not usually need to obtain permission to plant a hedge in your garden if it is solely within your property’s boundary. However, you do need to obtain permission from your next door neighbour if you’re considering planting a hedge to separate the adjoining properties right on the boundary line. Provided there are no Boundary Disputes, and if both parties agree to the hedge, you will usually both be responsible for the maintenance of the hedge on your own sides. You can cut the hedge right back to your neighbour’s boundary, although there are some exceptions to this. (See ‘Restrictions’ below).
I would remove the hedge and put up a fence. I think you can put up one six feet high. Make sure everything is on your side of the boundary line and hopefully that no-one in next door can see over it. Anyone so petty deserves to be ostracised.
This might sound like a daft question, but woudln't it be easier to erect a fence right up to (not necessarily on) the boundary line ??
Damn ... I type too slow - beaten to it lol ......
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Thank you for all your answers. Planting the hedge was done when the land was not yet sold and was to protest my privacy from the impending house being built. It cost a fare bit and I have to pay to have it cut regularly. It would be much too expensive to remove it and replace it with a wooden fence which also needs maintaining in any case. The only reason I planted the hedge on the actual boundary line was becuase I thought I could but also my greenhouse is only 24 inches from the boundary line so that I could not plant the hedge any closer. Petty, yes, but to learn all his twenty years on has really upset me.
So its not really about the law is it stargazer, its about the relationship with the neighbour who hasn't said anything until now. Its not against the law to plant the fence but it seems unnecessary and slightly pointless for the neighbour to make the comments now after all this time.
Nothing to be done but to try to mend the friendship if there was one, or to potter on regardless if not. You cannot object to a 20 year old hedge.
Fence? I meant hedge.
You admit that you've created a hedge ON your boundary. You asked for a legal definition which has proved you were wrong to do so. I would suggest a chat over a beer or two with your neighbour would be the best way forward.
People have been a bit censorious on this thread

I had a hedge for a boundary in a house in B'ham and he trimmed his side and I trimmed mine.

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