Boundary dispute and responsibility

ButterCheese

Please help.  We moved in to our house 1.5 years ago, and were told by the previous owner that the huge hedge of bamboo belonged to the lower neighbouring property, which is their side of the "boundary wall".  We have paid to have it trimmed but we can't reach the rest.

This week, the lower neighbour says we have to get rid of our bamboo because they are fed up of trying to cut it back, which according to them they have been doing for more than 40 years.  They also claim that they have "spoken to all of the previous owners in the last 40 years" but nothing has been done. It is their claim that the retaining wall is not the boundary line, and the bamboo is our side of the boundary line, and that it was planted by owners of this property nearly 50 years ago.  They have not sought any forced removal through legal complaint because they didn't want the hassle.

The deeds do not clearly show where the boundary is, apart from a straight line along the back of everyone's garden.  There are no measurements on the deeds so I don't know for certain if the brick wall is the boundary, or if it's just a retaining wall and the official boundary line is further down the slop.

There was no declaration of neighbour disputes when we bought the property.

We both want the bamboo gone and I am happy to help get rid of it, so I plan to voluteer my time to cut it back, dispose of it, apply weed killer, then dig up all the roots.  It's about 8M by 3M and probably 4M high so will take an awful lot of time.

My fear is that if I accept responsibility, they may try to say they want it gone now and I'll need to pay a professional to do it.  In that case, would I be right in saying they have to prove that it's on our side, and prove that it was planted on our side?  The fact is that as it stands, neither of us can prove who planted it, which side it was planted on, whether it spread from theirs to ours or visa versa, and where the offical boundary line is.  All of the above would take months/years and a lot of money.

So who can resolve this if we can't agree between us?

mebu60

Don't accept responsibility. Say something along the lines that you are willing to try to find the time to start tackling its eradication which will obviously take a lot of time and effort. If they want to assist they'd be most welcome. Especially if they were willing to pay towards professional removal. As someone who has removed a mere 1m x 1m rootball (myself and brother, about half a day) I do not envy you the task of doing it yourself! 

ButterCheese

mebu60 said:

Don't accept responsibility. Say something along the lines that you are willing to try to find the time to start tackling its eradication which will obviously take a lot of time and effort. If they want to assist they'd be most welcome. Especially if they were willing to pay towards professional removal. As someone who has removed a mere 1m x 1m rootball (myself and brother, about half a day) I do not envy you the task of doing it yourself! 

That is the point, I'm happy to work with them 50/50 but I am not prepared to just accept responsibility on the grounds that the neighbour says so.  No official complaints have been made in the last 40+ years.  I find it very odd that someone would keep clearing a massive plant invasion from their property for 40 years if they knew it wasn't theirs

KxMx

Sometimes the only remedy is to clear from your side when dealing with an invasive neighbouring plant- voice of experience from 16 years dealing with overggrowing ivy! 

Baldytyke88

ButterCheese said:

The deeds do not clearly show where the boundary is, apart from a straight line along the back of everyone's garden.  There are no measurements on the deeds so I don't know for certain if the brick wall is the boundary, or if it's just a retaining wall and the official boundary line is further down the slop.

That is the boundary line then, do most of your neighbours walls line up on that line?

WIAWSNB

It is good that you currently have good relations - do your best to keep it that way.
As said above, do not accept ownership of the wall, boundary, or bamboo, as least until you all know better, but it sounds as though no-one is particularly bothered.
Instead, have a friendly chat, explain you are happy to do your bit, but it's no admission of liability. When you all nod in agreement, tell them you'll write down the key points, and get their agreement - signature alongside yours - on this too.
No-one should have an issue with this.
These 'key points' will presumably explain that the exact boundary position has not been clarified yet, but both parties are happy to proceed with clearing the bamboo on a shared-responsibility basis.
There will be lots of advice on how to handle that plant, but I'd image a strimmer with a brush cutter blade would cut through at ground level quite easily? A shredder should then chop the result up easily, too, as they are long and thin and easy to feed!
That will leave the 'roots'. No idea, but provided there's no risk of its effect spreading (is the retaining wall a suitable barrier?), then something like sodium chlorate is pretty deadly and takes no prisoners, but no idea.
I bought a second hand Ryobi strimmer with brush cutter blade last year for just £35, and it's rare in that it starts and runs beautifully. I also picked up a ditto MacAllister 2kW shredder for just £25, and it munches everything - even branches up to 35mm. Both very satisfying to use
Of course, once this strip is cleared, you'll both be fighting over the land...

ButterCheese

Baldytyke88 said:

ButterCheese said:

The deeds do not clearly show where the boundary is, apart from a straight line along the back of everyone's garden.  There are no measurements on the deeds so I don't know for certain if the brick wall is the boundary, or if it's just a retaining wall and the official boundary line is further down the slop.

That is the boundary line then, do most of your neighbours walls line up on that line?

I will be going round to look at the weekend.  This is the only sensible, feasible, practical way of telling where the boundary is.  The "either side" neighbours all have a fence which I assumed is the boundary line, so I'll see what lines up with those.  I'm still expecting that even if it is all contained on their side, they will still say that it was planted on our side and spread to theirs.  So again, without expensive surveys/solicitors etc, it just seems easier to work together.  I'd just like to know what technicalities/legalities are in case it's just too much to get out by hand and becomes an ongoing saga 

WIAWSNB

ButterCheese said:

mebu60 said:

Don't accept responsibility. Say something along the lines that you are willing to try to find the time to start tackling its eradication which will obviously take a lot of time and effort. If they want to assist they'd be most welcome. Especially if they were willing to pay towards professional removal. As someone who has removed a mere 1m x 1m rootball (myself and brother, about half a day) I do not envy you the task of doing it yourself! 

That is the point, I'm happy to work with them 50/50 but I am not prepared to just accept responsibility on the grounds that the neighbour says so.  No official complaints have been made in the last 40+ years.  I find it very odd that someone would keep clearing a massive plant invasion from their property for 40 years if they knew it wasn't theirs

Don't assume anything. Some folk just don't like to take 'action', and amen to that.
Just have your chat, and if the true boundary is currently unknown, then both of you acknowledge that this is the current situation. 
I'd suggest, tho', that at some point you will want this clarified? Presumably your side neighbours, who also have a continuation of this retaining wall, will have an opinion, or even evidence?
Anyhoo, first, the 'boo

ButterCheese

WIAWSNB said:

It is good that you currently have good relations - do your best to keep it that way.
As said above, do not accept ownership of the wall, boundary, or bamboo, as least until you all know better, but it sounds as though no-one is particularly bothered.
Instead, have a friendly chat, explain you are happy to do your bit, but it's no admission of liability. When you all nod in agreement, tell them you'll write down the key points, and get their agreement - signature alongside yours - on this too.
No-one should have an issue with this.
These 'key points' will presumably explain that the exact boundary position has not been clarified yet, but both parties are happy to proceed with clearing the bamboo on a shared-responsibility basis.
There will be lots of advice on how to handle that plant, but I'd image a strimmer with a brush cutter blade would cut through at ground level quite easily? A shredder should then chop the result up easily, too, as they are long and thin and easy to feed!
That will leave the 'roots'. No idea, but provided there's no risk of its effect spreading (is the retaining wall a suitable barrier?), then something like sodium chlorate is pretty deadly and takes no prisoners, but no idea.
I bought a second hand Ryobi strimmer with brush cutter blade last year for just £35, and it's rare in that it starts and runs beautifully. I also picked up a ditto MacAllister 2kW shredder for just £25, and it munches everything - even branches up to 35mm. Both very satisfying to use
Of course, once this strip is cleared, you'll both be fighting over the land...

Good advice re: writing it down.  From past experience, I've know people to be agreeable until asked to put pen to paper; then they can backtrack.  

I'm not going to use any power tools as I don't want to fling the trimmings everywhere for them to start growing again.  I will use bolt-cropper-style shears and I don't care if I have to do one at a time.  Part of the bargain will be to use their garden/side path for access, as we don't have any apart from through the house.

WIAWSNB

I don't think there's any risk of cuttings causing new growth, but not sure.
Anyhoo, enjoy being on yer knees

ButterCheese

WIAWSNB said:

I'd suggest, tho', that at some point you will want this clarified? Presumably your side neighbours, who also have a continuation of this retaining wall, will have an opinion, or even evidence?

It would be nice to have it calrified but we don't have the money at the moment, as I assume you'd have to get some sort of surveyor in.  The retaining wall is ours only, but we're not sure if it was put up "on" the boundary or some feet within our property.  but the neighbours fences should give a good idea of that.  The neighbours each side can't help; one side is in her 90's and can't even walk to the disputed boundary, and the other side are moving out, and their end is so overgrown with nettles and brambles you couldn't even get to it, nor would they be interested