A recent case of mine has shown the importance of checking your legal position before you remove any boundary features, even if you feel sure that they belong to you.
In the case in question, the neighbour of my client thought that a hedge on her side of my client’s fence was hers to cut down. It appeared to her that it was in her garden. My client protested when he saw that the hedge had been thinned out, claiming that the hedge was jointly owned. However, thinking she was within her rights to do so the neighbour cut down the hedge anyway.
My client’s deeds indicated that the hedge was the boundary between the properties. The neighbour had thought that a fence which had been erected on my client’s side of the hedge had been the boundary. However, my client had put this up a few years earlier in order to keep his pets and young children secure. The hedge had been there for over 50 years and was there when the properties themselves were built.
The case proceeded to Court and experts confirmed that the hedge formed the boundary between the properties. The opponent was forced to pay for the hedge to be replanted. She was also ordered to pay my client’s costs which were substantial.
This shows how important it is to seek legal advice if you cannot agree with your neighbour where your boundary lies. You should not assume you are correct and take action which you may later regret. This can prove very costly as the neighbour above found to her detriment. Whilst the difference may only be a matter of feet, it can cost you tens of thousands.
Stephensons Solicitors LLP has a specialist land team who can advise you in relation to a whole range of neighbour disputes. We regularly advise people in relation to their boundaries call us on 01616 966 229.