Legal Boundary and an overgrown hedge

Schaffy

Hi all,
I'll try to keep this short. Basically we are in the process of buying a house. One of its boundaries is next to some council owned land that is used as a park. This boundary has a rather large hedge that runs along it and is significantly overgrown due to lack of maintenance. It currently has grown right up to the house making any access down the side impossible and has pretty much consumed the garage at the bottom of the back garden. I would estimate it is probably around 5 metres in width.

When I spoke to the current owners about it, they said that they had not kept on top of it. They said in the past they had spoken about the maintenace of the hedge with the council, who they say offered to put up a fence for them, which they declined. They also mentioned that the council said they could cut the hedge right back if they wished as long as they did not remove it entirely. The final thing they mentioned was that they had considered building a side extension.

Having listened to this, I contacted the council myself who reiterated what the owners told me that I can cut the hedge back as long as I don't kill it but she aslo said I mustn't nick any of their land and find out where the legal boundary lay. Sounds reasonable.

I have since been sent by my solicitor a title plan and a very unclear scrawled drawing of the estate which has some unreadable hand written notes on it. Neither of which could be used to accurately identify the legal boundary. I've gone back to my solicitor to see if there are any other records that accurate show the boundary but doing my own reading I'm surprised to hear that these things are often not recorded anywhere or can frequently just be a vague description in a doucment somewhere.

I know I need to wait for my solicitor to come back to me but I'm impatient when it comes to these things so was just wondering if anyone has had any similar experiences or has any general insights? Am I likely to get any additional info than what I have already? Ideally, I'd like to cut the hedge back 3 or more metres and put up a fence.. with the option later to build a side extension.
Any info greatfully appreciated!

AnnieO1234

Are there any adjacent properties that have more clearly define boundaries or other landmarks to suggest where your boundary might lie? Xxx

glasgowdan

If I were you I'd cut the hedge back as hard as you like, right to the stumps. Make sure all the cuttings are deposited on the council's land. Then put up a cheap post and wire fence, not concreted in (unless you really NEED a solid fence for keeping in kids/animals). Put the fence as far over as you like too! If you think the hedge is the council's then keep it outside the fence of course. Live with it like that for a few years, see if you avoid the attention of the council, then put up a more solid fence if you really want.

doodle-bug_2

You won't avoid the attention of the Council by stuffing a mountain of branches on their land! Annoying though it is, I understand the law states that you should 'offer' the risings back to the owner of the hedge - it's fair to say that you are wasting your time with this - the Council won't want them. Get rid yourself - I understand that this is irritating, but if you want to keep under the radar, probably the best route to take.

TheGardener

If the hedge is your boundary (well as far as you can ascertain) Then you might reasonably be expected to keep your side of the hedge cut and the council might reasonably be expected - like any other neighbour - to cut the other side. In my experience, as councils tend to do hedge cutting with a tractor - they may well be happy to cut the top.
glasgowdan - really? - isn't that called fly-tipping? I'm not convinced I would have any sympathy for a fly-tipper getting their collar felt.
OP - wait for the solicitor - boundaries are notoriously 'grey' on land registry documents, it may be a case of coming to a formal party wall agreement with the council who are no different to any other neighbour in that respect. 'Council' land is after all, 'our' land and belongs to the community.

moneyistooshorttomention

Everything I've ever read about hedges seemed to boil down to the legal assumption is that half the width of the hedge is the householders and the other half is their neighbours.

In your position then - personally I'd think "Right - since this hedge is 5 metres wide - then that means the nearest 2.5 metres to me is mine and the furthest 2.5 metres belongs to the Council". If I didnt like the hedge I'd trim back exactly "my" 2.5 metres and leave the Council's 2.5 metres alone.

BTW - not at a time of year when any birds are nesting there - because someone will be straight onto the Council about that (quite apart from complaints about the Council's share of the hedge being trimmed).

glasgowdan

TheGardener wrote: »

glasgowdan - really? - isn't that called fly-tipping? .

Nope, it's not.

I'm assuming it's the council's hedge, given they'd offered to remove it and put up a fence in the past.

G_M

TheGardener wrote: »

.....
OP - wait for the solicitor - boundaries are notoriously 'grey' on land registry documents, it may be a case of coming to a formal party wall agreement with the council .

................

The main types of party walls are:

• a wall that stands on the lands of 2 (or more) owners and forms part of a building - this wall can be part of one building only or separate buildings belonging to different owners
• a wall that stands on the lands of 2 owners but does not form part of a building, such as a garden wall but not including timber fences
• a wall that is on one owner’s land but is used by 2 (or more) owners to separate their buildings

https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

Schaffy

Thanks for the replies.
Ye Dan your idea does sound appealing but suspect all the people who use the park would not take too kindly to it and be on to the council
It is indeed though the councils boundary. I guess in most scenarios it would make sense for each to look after half but in this case I'm not sure that rule would apply. When I spoke to the council, the lady told me that they cut it twice a year in July and September... whereas I suspect the current owners of the house have not cut their side for years... maybe even a decade. So there has been much more growth on what will be my side.

rosyw

moneyistooshorttomention wrote: »

Everything I've ever read about hedges seemed to boil down to the legal assumption is that half the width of the hedge is the householders and the other half is their neighbours.

No in all cases. There is a hedge along one side of my garden that is most definitely owned by my neighbour, planted entirely on his land. I have cut it right back to the boundary (thankfully all the old concrete markers are still in place) the hedge is now a good 4 feet narrower!
It's always best to check and not just assume

AdrianC

moneyistooshorttomention wrote: »

In your position then - personally I'd think "Right - since this hedge is 5 metres wide - then that means the nearest 2.5 metres to me is mine and the furthest 2.5 metres belongs to the Council". If I didnt like the hedge I'd trim back exactly "my" 2.5 metres and leave the Council's 2.5 metres alone.

I think that might be optimistic.

If there's no doubt that the hedge is the council's, then you need to assume that the trunks are planted a short distance on their side of the boundary. I'd be working on the first two metres being your land. But, yes, the best bet is to try to identify any clues as to where the boundary may actually lie - other properties may well give those.

You might also like to investigate what the hedge IS. If you trim it that hard back, you might not get much new growth for several years, if ever. Do you want to be looking at bare trunks and twigs?