Garden boundary

Jonesya

You need to take this letter to your solicitor and understand exactly what has been agreed and whether it binds you as the new owners, whether the seller knew and failed to declare it, in which case you may have a claim against the seller.

For all we know, it could actually be that your neighbour is in the right, if he's secured some sort of binding covenant that the owner and future owners will maintain the hedge on your land then that's what you've got to do. You may not have the legal right to remove it.

You need yo get it checked before deciding how to proceed.

Jonesya

Lozzaloula wrote: »

I can't get my head around how he can make claim to something that is on our land. I'm most definitely going to be seeking legal advice.

One way is a covenant - land or property can be sold with covenants attached which bind future owners to fulfil some requirements or prevent certain activities.

When you buy the land or property, you take on the covenants as well.

If your solicitor has provided copies of the land registry deeds you should have the covenants listed in that.

TheCyclingProgrammer

Lozzaloula wrote: »

I can't get my head around how he can make claim to something that is on our land. I'm most definitely going to be seeking legal advice.

He can claim ownership of the hedge itself, I’m sure. It’s still his. But if you withdraw permission for him to use the land and he refuses to remove it then IMO he is trespassing.

But as I said, IANAL. You need to speak to your solicitors and you may have to pay for legal advice. It would be unwise to do anything without being sure of your legal position first.

The gung-ho approach would be to simply dig it up and leave it on their land. I don’t suspect the neighbour would be able to do much about it.

The whole point of covenants in a deed is that it enables conditions attached to the land to be binding on future owners. When you purchase the land and it’s title you are agreeing to abide by those terms. Without an explicit covenant then all the neighbour has is an agreement between him and the previous owner, I can’t possibly see how you can be legally bound to an agreement you were not party to.

silvercar

It states that our neighbour planted a new hedgerow in our garden which he paid for.

Write to neighbour acknowledging that he has planted a hedgerow on your land.

Don't do anything more for the moment.

In the future, you can decide to remove it and return it.

By acknowledging it now, you are giving permission and thereby confirming to all that it is on your land.

See how the land lies with the neighbour for the next few months before doing anything else, good neighbours may be worth the sight of the hedgerow.

Also run it past your solicitor,

TheCyclingProgrammer

Jonesya wrote: »

You need to take this letter to your solicitor and understand exactly what has been agreed and whether it binds you as the new owners, whether the seller knew and failed to declare it, in which case you may have a claim against the seller.

For all we know, it could actually be that your neighbour is in the right, if he's secured some sort of binding covenant that the owner and future owners will maintain the hedge on your land then that's what you've got to do. You may not have the legal right to remove it.

You need yo get it checked before deciding how to proceed.

Agree with this post but if the neighbour had secure a covenant then OP’s solicitors should know about it and would have made OP aware of it. The fact that this letter has been dropped off at the last minute implies to me that there is no covenant. Either way it should be easy enough for OP to check their deeds.

FreeBear

TheCyclingProgrammer wrote: »

The fact that this letter has been dropped off at the last minute implies to me that there is no covenant.

A couple of other alternatives...

1) There was never any permission given in writing...
2) The hedge is actually owned by the OP and the neighbour wants to see it remain.

I had a similar problem with a hedge I dug out and replaced with a wooden fence - My neighbour claimed ownership of the hedge based on the premise that her grandfather had planted it way back in the mists of time... My response - "Prove it".

moneyistooshorttomention

Once the hedge is dug up and given back to the neighbour - then I can't see there is anything they could do about it.

Personally - I'd regard it as a try-on and remove the hedge (even if I hadnt been planning to do so in the first place). I'd keep that letter on file - just in case of an adverse possession claim (in order to spike that gun if it looked like it might be fired).

But - yep...hedge would be gone pronto.

It emerged, in the event, that it looked as if previous owners of my house had, in effect, given permission re some things to do with my garden to the neighbours. I just thought "They might have given it - but it's my garden now and, if so, I'm revoking it" and acted as I decided to. They screamed their little heads off - but "sticks and stones can break my bones but words can never hurt me" so <shrugs>. I advise you take the same attitude. Looks like there's no way you're going to avoid prickly feelings from the neighbour now - but they started it - and, once the hedge is gone, then end of matter...

another_casualty

Sorry to hear about this. Having good neighbours is massively important imho. The sellers seem very underhand and nasty for their below the belt approach . They should have disclosed everything on their sellers pack and got away with it until the op collected the keys.

I would think that the op should contact their solicitor ASAP
Even if things can be worked out amicably with the neighbour , this was very underhand and should be clarified for peace of mind .
It seems like the neighbour is unavailable , but probably sizing up the op as well.
I wouldn’t do anything just yet to the garden. Not till the o p has seen the neighbour .
Fingers crossed that it all works out

TheCyclingProgrammer

Yes, I would also hold off on digging it up. As unlikely as it is, it IS worth trying to resolve this amicably with your neighbours.

Tom99

What exactly does the agreement say?