Warning to homeowners with unruly hedges to check their legal position before they get out their garden shears.
Stephensons Solicitors LLP successfully acted for a home owner whose neighbour had removed a boundary hedge that they thought belonged to them. The dispute went to court and the eager gardener, who lost, was forced to pay substantial legal costs.
This case shows the importance of checking your legal position before you remove any boundary features, even if you feel sure that they belong to you.
The neighbour wrongly thought that a hedge on their side of the fence was hers to cut down. It appeared to her that it was in her garden. Our client protested when they 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.
But our 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 our client's side of the hedge had been the boundary. However, this had only been put up a few years earlier to keep pets and young children secure. The boundary hedge had been there for over 50 years and was there when the properties themselves were built.
The dispute went to court and experts confirmed that the hedge formed the boundary between the properties. The neighbour who had trimmed the hedge was forced to pay for it to be replanted. They were also ordered to pay the legal costs.
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 our client’s neighbour found to their detriment. While the difference may only be a matter of feet, it can cost tens of thousands of pounds.
Can I remove my boundary hedge?
If there’s a hedge that marks the boundary between your property and a neighbour and neither the boundary or the hedge are mentioned on your title deeds, a court would assume that the boundary between properties runs through the middle of the hedge if no-one knows who planted the hedge, therefore you can’t remove it without permission.
You are allowed to trim or maintain your side of the hedge to the boundary in this instance as long as that doesn’t kill the hedge, but it is considered to be shared property, so you’ll need to come to an agreement with your neighbour in order to remove it legally.
Stephensons Solicitors LLP has a specialist land team who can advise in relation to a whole range of neighbour disputes. The team can be reached by calling 01616 966 229.