Boundary problem - fence/hedge (pics)

fiwen30

So I posted so I posted a thread before about our soon-to-be-neighbour’s bizarre hedge situation. Now we’ve completed last week, they actually are our neighbour, and the hedge needs addressing properly.

We are a pair of semi-detached chalet bungalows, with adjoining back gardens. Our fence posts have been placed just inside of the boundary, as shown below.
We have a 4ft high fence on our side of the boundary, and the neighbours originally had a short stretch of 4ft fence close to the house, followed by a hedge on their side of the boundary.

However, at some point, the neighbours decided to build a decking with 6ft fencing around it...only they didn’t remove the hedge on the boundary, or the vegetation along the back of their plot. Pics below show the boundary line (in red), the neighbour’s land (outlined in blue), and the hedge & vegetation they fenced off (purple).

Our vendors had been managing the neighbour’s hedge by topping it to the height of their 4ft fence, but as you can see from the pics the hedge is pushing outwards and bowing the fence. According to the vendor, the neighbours stopped maintaining the hedge after they put up the new 6ft fence & decking - there is no access to the hedge from the neighbour’s side, as the vegetation behind their fence is very dense.

The problem comes in that we want to put up a new 6ft fence to support cat-fencing to keep our mogs in our garden, and we don’t want their hedge to keep growing and pushing out our new fence.

Do you think it would be acceptable, from a home-owner’s perspective, to ask the neighbour if they or we can remove the hedge? I don’t suppose we’d have any come back if they refused? Again, the neighbour’s can only regulate the height of the hedge to their 6ft fence, if it grows that high - is it our responsibility to maintain the hedge on our side? And who’s responsibility is the hedge if it’s boxed in by 2 fences, but still on the neighbour’s land?

theoretica

It is their hedge, and perfectly within their rights to have an area of unkempt planting if they wish.  You have the right (but not responsibility) to trim any parts which grow over your boundary.  If you want things done to their property you need to offer to do it/pay for it and of course they could say no. 

However, the current fence that is being damaged looks relatively worn and flimsy. I imagine a new sturdy one could withstand the plants just fine, as their 6 foot fence seems to.

ProDave

Have you talked to the neighbour?

It looks like an unloved hedge and both of you would benefit by removing it and replacing the whole lot with one neat new fence at what you both agree is the boundary.

See if your neighbour agrees?

AskAsk

lol.  that is so weird.  they obviously don't appreciate the space as they would have been better off getting the hedge removed than just build a fence around it!

have you spoken to them about it?  maybe they think the hedge belongs to you?

if it was me, i would remove your fence and the hedge and use it as your land as they obviously have decided it is of no use to them.  then after 7 years (i think it is 7 years), the land becomes yours if they don't dispute it 

Davesnave

AskAsk said:

if it was me, i would remove your fence and the hedge and use it as your land as they obviously have decided it is of no use to them.  then after 7 years (i think it is 7 years), the land becomes yours if they don't dispute it 

It's not 7 years, or that simple, nor is it obvious or  wise to presume what's inside someone else's head.

The best thing to do is liaise with the neighbour to find out what they think and what would be acceptable to them before you expensively define the boundary. One day either of you may be selling and clear boundaries make this easier, especially if you agree about them. You have the bonus of wanting to cat-proof your garden side, which may make negotiation easier. Don't expect an instant answer; let them mull things over.

Having said that, it's not straightforward. Remove the hedge, put in a 1.8m fence following the neighbours' initial line from the house and you'll have an unmaintainable space in which weeds will grow. For that reason, a pruned-back hedge may be best kept, as it won't offer much danger to substantial fencing; most of it will receive little light and it might even begin to die lower down.

The solution of a single fence is far the best option in the long run. Whether the neighbour agrees is the difficult part, as it seems they've already made some odd decisions!

Good luck.

frogglet

We had a massively overgrown hedge on one side and a similar thing to you other other. If they don't want one fence  EITHER:
ask if you can remove the hedge.
 Take your fence down  prune the hedge hard back and put in your fence.
The hedge if pruned hard won't thrive with no light..

Hebblethwaite

That is such a bizarre set-up! Unless the neighbours are muppets, they will jump at you offering to remove the hedge, especially if you point out that it will allow their decked area to be enlarged. I would expect them to be relieved about having it dealt with, especially if you are happy to do the work. If they say no (well within their rights, but very odd for a clearly unloved hedge), that would be a big red flag to me and I wouldn't push it at all in case it turns into a spat. Just back down, accept you have strange neighbours, trim it back to the boundary line and then put up a reinforced six-foot fence on your side. 

Mickey666

AskAsk said:

lol.  that is so weird.  they obviously don't appreciate the space as they would have been better off getting the hedge removed than just build a fence around it!

have you spoken to them about it?  maybe they think the hedge belongs to you?

if it was me, i would remove your fence and the hedge and use it as your land as they obviously have decided it is of no use to them.  then after 7 years (i think it is 7 years), the land becomes yours if they don't dispute it 

. . . which would leave you open to a charge of criminal damage

robatwork

AskAsk said:

if it was me, i would remove your fence and the hedge and use it as your land as they obviously have decided it is of no use to them.  then after 7 years (i think it is 7 years), the land becomes yours if they don't dispute it 

This is terrible advice, not to mention incorrect.

Personally I would invite them round (Tier dependent) for an outside glass of something or cup of tea and biscuits. Say how much you love the new house, what your plans are, and bring up in passing the matter of the boundary. Say you plan to put in a more substantial fence, and ask if they mind you trimming down the hedge, or if they want to move their fence back a couple of feet. All informal for now.

AskAsk

Mickey666 said:

AskAsk said:

lol.  that is so weird.  they obviously don't appreciate the space as they would have been better off getting the hedge removed than just build a fence around it!

have you spoken to them about it?  maybe they think the hedge belongs to you?

if it was me, i would remove your fence and the hedge and use it as your land as they obviously have decided it is of no use to them.  then after 7 years (i think it is 7 years), the land becomes yours if they don't dispute it 

. . . which would leave you open to a charge of criminal damage

i doubt you could be accused of criminal damage if you removed a sectioned off, over grown hedge!  the only risk would be the neighbour sees a nice strip of land and will claim it back.  but he doesn't sound like the sort of person that would do that as he wouldn't want to spend money moving the fence, otherwise he would have paid for the overgrown areas to be cleared in the first place.

Falafels

This kind of scenario, where they have effectively created a 'no-man's land' between their boundary fence and yours, can lead to all sorts of legal complications if the parties involved want a dispute.

This forum will be able to give you a much more comprehensive response, if you haven't asked over there already: https://www.gardenlaw.co.uk/phpBB2/index.php