Replacing an old Fence with a hedge on a boundary i am resposable for

Missy79

Similarly I had a 30m hawthorn hedge running down one side of my garden and hated it, forever getting stabbed when trimming it and no matter how much you try and pick it up the garden ends up littered with 1 inch spikes! Only advantage was it grew slightly slower than the 30m privet running down the other side. I can understand why the neighbour wouldn't want this.
This may particularly be a concern if the neighbour has children or pets that use the garden.

xylophone

The OP has not made clear who the covenant applies to,

I have dug out the documents for my property and the deeds state from 1935 when the house was first built "the property is sold subject to the following provision - for himself or his successors in title the purchaser shall in his conveyance enter into the following restrictive or other covenants, namely - to forever hereafter maintain good and substantial fences on the west and south sides of the property hereby agreed to be sold"
 The small plan of the plot of land also shows this boundary with T symbol with the leg inside my plot of land and stating that this is boundary to build and maintain. Therefore clearly identify this boundary as mine to build and maintain.

 I  consulted the deeds to mine and note that I am required  to build and maintain a fence along the boundary which separates the end of my garden from the end of the garden in the next road down.

brianposter

If it is that obvious, what is the OP doing posting here ? He must replace the fence with a fence - not a hedge (unless there is agreement from the neighbour), and, depending on the position of the fence, the neighbour can or cannot paint his side.

Sounds like an opportunity to apologise to the neighbour.

DriverMart

A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway.

I would prefer a hedge to encourage wildlife into my garden, I have offered to cut the hedge as and when required 

brianposter

I too would prefer a hedge, but your covenant says fence. What does your neighbour say ?

Mojisola

DriverMart said:

I would prefer a hedge to encourage wildlife into my garden, I have offered to cut the hedge as and when required 

But there's no guarantee that you will do this, year after year.  And there will be no obligation on future owners of your house to do so.

Privet makes a good thick hedge for wildlife which is far more neighbour-friendly.

Soot2006

You'll have a hedge though. There will just be a fence behind it. Many people have that arrangement and it can look very nice. Also means any future neighbouring dogs will stay on their own side.