Food & Drink1 min ago
Boundary Hedge
28 Answers
The properties in my area are usually sold new as leasehold but most owners have probably purchased the freehold reversion.
My neighbour is in dispute with me regarding our boundary hedge. My deeds contain a plan registered at the Land Registry (my copy bears their stamp) showing the boundary goes through the centre of the hedge. Her deeds contain a plan showing she is responsible for maintenance (her house having been built before mine which remained as farm land for some time).
I need to ensure she maintains the hedge to a reasonable height (I suggest that of the continuation of the hedge in neighbouring properties). But to whom is she covenanted. Can I enforce the covenant?
My neighbour is in dispute with me regarding our boundary hedge. My deeds contain a plan registered at the Land Registry (my copy bears their stamp) showing the boundary goes through the centre of the hedge. Her deeds contain a plan showing she is responsible for maintenance (her house having been built before mine which remained as farm land for some time).
I need to ensure she maintains the hedge to a reasonable height (I suggest that of the continuation of the hedge in neighbouring properties). But to whom is she covenanted. Can I enforce the covenant?
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my local authority has a section on HIGH HEDGES.. and a complaint procedure...
"From 1 June 2005, you will be able to submit formal
complaints about high hedges to the Council. These can
only be submitted where there have already been
reasonable and recent attempts to resolve this amicably
with the landowner.
The hedge in question must be evergreen, over two
metres high, and not have significant gaps. A complaint
can only be considered where there is an unreasonable
impact upon the amenity of occupiers of a residential
property and must not be a frivolous or vexatious
complaint.
Where the Council decides that the complaint is valid, it
must decide whether there is an unacceptable impact on
the complainant�s amenity. It has powers to require the
hedge to be reduced in height, although cannot require it
to be reduced lower than two metres and cannot require
its complete removal. The Council can also ensure that
the hedge is kept at this height in the future.
The Council has decided that the fee for processing such
a complaint is �400, reduced to �50 for those on income
support. "
"From 1 June 2005, you will be able to submit formal
complaints about high hedges to the Council. These can
only be submitted where there have already been
reasonable and recent attempts to resolve this amicably
with the landowner.
The hedge in question must be evergreen, over two
metres high, and not have significant gaps. A complaint
can only be considered where there is an unreasonable
impact upon the amenity of occupiers of a residential
property and must not be a frivolous or vexatious
complaint.
Where the Council decides that the complaint is valid, it
must decide whether there is an unacceptable impact on
the complainant�s amenity. It has powers to require the
hedge to be reduced in height, although cannot require it
to be reduced lower than two metres and cannot require
its complete removal. The Council can also ensure that
the hedge is kept at this height in the future.
The Council has decided that the fee for processing such
a complaint is �400, reduced to �50 for those on income
support. "
1) Unless the convenent is specific, I don't see how you can invoke it to demand that the hedge be 'maintained' to a specific height.
2) Nosha's comment about High Hedges is correct. The local authorities are empowered to use the Statutory Nuisance legislation to demand that an excessively high hedge be trimmed. It costs you money to apply - �400 is probably typical. It isn't a simple case of height - a number of factors are assessed including height, area of garden shaded by the offending hedge and orientation of hedge is relation to South.
2) Nosha's comment about High Hedges is correct. The local authorities are empowered to use the Statutory Nuisance legislation to demand that an excessively high hedge be trimmed. It costs you money to apply - �400 is probably typical. It isn't a simple case of height - a number of factors are assessed including height, area of garden shaded by the offending hedge and orientation of hedge is relation to South.
