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Whose Boundary?
MoneyGeoff
Posts: 264 Forumite
I have a wall that runs along one side of my garden and on the other side of the wall is a stream. There is a makeshift bridge across the stream from my garden to the field on the other side.
I'm trying to figure out who's responsibility it is to clear the brambles and plants that are clogging the stream.
Picture of the plan is attached. I've labelled what I think are the wall, stream and bridge. I'm not certain though. What do you think?
If that is the stream then it's entirely my neightbours responsibility right? However if the black line the the stream then it's probably down to me to clear the stream?
If the image isn't showing up, try this link: https://imgur.com/28l1skT
I'm trying to figure out who's responsibility it is to clear the brambles and plants that are clogging the stream.
Picture of the plan is attached. I've labelled what I think are the wall, stream and bridge. I'm not certain though. What do you think?
If that is the stream then it's entirely my neightbours responsibility right? However if the black line the the stream then it's probably down to me to clear the stream?
If the image isn't showing up, try this link: https://imgur.com/28l1skT
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Comments
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No picture?0
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Oh that's weird, there's a picture embedded in the post. Can only I see it?
Added a link as well now.0 -
If they own it, it doesnt mean you can compel them to clear it though. it just means that they are potentially liable for it. Is it causing damage to your property?0
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SmashedAvacado wrote: »If they own it, it doesnt mean you can compel them to clear it though. it just means that they are potentially liable for it. Is it causing damage to your property?
It's damaging the wall. It's also blocking the flow of the stream and stagnant water will create other issues. The bushes are so big now that they block the view from the house.
The thing is the stream is right next to my house but miles away from the neighbour's house. So I will clear it anyway because there's nothing compelling the neighbour to clear it.
So I guess what I really want to know is can I clear it and leave the cuttings on his land? I have hardly any land and a very small car so can't easily dispose of it. He has tractors and farm machinery and acres of land.0 -
It will depend on who owns the land. A wall doesn't automatically mean it is the extents of your land. Do you have the plan which shows which land you own?
And you would need their permission to go on their land and cut down if they do own the land0 -
Unless it is very clearly stated in the deeds that the stream is wholly owned by the neiighbour the default is that the boundary runs down the centre-line of the stream. Obviously nobody would build a wall mid-stream so the position of the wall isn't relevant. As a riparian owner it is your responsibility to keep your side of the stream clear.0
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Unless it is very clearly stated in the deeds that the stream is wholly owned by the neiighbour the default is that the boundary runs down the centre-line of the stream. Obviously nobody would build a wall mid-stream so the position of the wall isn't relevant. As a riparian owner it is your responsibility to keep your side of the stream clear.
That's what I understand to be the position too - ie OP owns the stream from "their" side out to the halfway point in the stream.
Personally - I'd clear "my" side of the stream and, if "their" side being clogged was still proving a problem, then I'd clear "their" side too and leave the trimmings from "their" side on their land for them to dispose of. Followed by disposing of the trimmings from "my" side of the stream myself.0 -
Personally I would be having a chat with neighbour and asking if he could dispose of the cut stuff if I did the clearing.0
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OK thanks. I am currently clearing the whole of the stream. It sounds like I am OK to leave the cuttings from the farmers side on his land.
Note that I have his permission to be on his land and and do the cutting.
When I pointed out to him that the tress and bushes are blocking my view he said I can cut whatever I want. Was hoping he'd offer to help but he didn't :P0 -
Does anyone agree with my view that the picture shows the stream entirely on the farmers land?
As mentioned, I am clearing both sides anyway.0
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