My fence vs neighbour's hedge

My fence vs neighbour's hedge

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rob0r

Original Poster:

420 posts

170 months

Monday 21st March 2016
quotequote all
I'm hoping someone can offer some advice before I go any further! To set the scene I live in a large country house that has been divided into three, my slice is the middle portion. To the right I have lovely neighbours in their late thirties, to the left I have awful elderly busy body neighbours who we no longer speak to (the feelings are mutual). We moved in 18 months ago, the busy bodies have lived their for about 40 years. I could write for ages about them but I'll stick to the fence saga...

We own the aging wooden fence which splits our rear garden boundaries. The fence is still up but is in desperate need of replacement, due to the busy bodies refusing to maintain the hedge which is pushing and bowing the fence. When I was able to talk to them, I asked them to trim the hedge back against our fence/boundary in readiness for brand new posts and panels. Their reply was "the boundary is wrong so we don't need to trim the hedge, you need to move your fence half a foot onto your side". Their garden is roughly an acre, ours is about 25ft wide by 40ft long since we are the middle slice.

We aren't prepared to lose any of our garden width and I know I should be OK due to the 12 year adverse possession rule, the fence (and therefore boundary) has stood for far longer than 12 years and can be verified as the previous owner of our property actually lives in the right side of the house! Our house was built in the 1840s and was divided into three in the early 1900s, the deeds are ambigious and there are no defining measurements. It's my understanding that a long standing fence such as ours dictates the boundary.

Their hedge has significantly damaged and bowed the current standing fence. Any fence replacement is now going to be contrived due to their refusal to maintain the hedge and the fact we are not on speaking terms. I actually think they are deliberately pushing the fence over as they've had the hedge trimmed recently, though obviously not on the boundary side!

I'm wondering if it's possible to force them to cut their hedge back somehow, especially since the current fence's decline has been accelerated by said hedge. Any advice is welcome!

Here's a picture for reference, you can barely see the fence thanks to the hedge! It's also difficult to make out how bowed the fence now is, but it's very bad. Our scrappy garden is to the right...


hornetrider

63,161 posts

205 months

Monday 21st March 2016
quotequote all
Take fence down. Trim their side of hedge which protudes over the boundary wink , hand back the clippings, erect new more solid fence in situ.

Job done.

kowalski655

14,632 posts

143 months

Monday 21st March 2016
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That's a hedge?!!!

AIUI,& IANAL(blimey,what a lot of caps) you can rebuild the fence on the border,and cut any hedgeing that is encroaching on your land, returning the bits to the lovely neighbours.

anonymous-user

54 months

Monday 21st March 2016
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Firstly the adverse possession system changed a few years ago so it's now a lot more difficult to claim.
Secondly you can clip the hedge so it doesn't overhang your boundary without their permission.

And Finally life really is too short to get involved in this as it has the makings of something we will read in the Daily Mail in 10 years time. Boundary disputes really are a nightmare and nobody wins.

If it were me I would build a new strong fence inside your boundary leaving current fencing in place. As this is yours and inside your land they can't touch it.

Take photographs and write to the neighbours saying that you haven't moved the boundary and that the current boundary line remains.

Ignore neighbours until the move or die.

myvision

1,942 posts

136 months

Monday 21st March 2016
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Just put a new fence along the existing line pushing their hedge back over to their side that's all i did with my annoying neighbour. I also increased its height from 4' to 6' so I didn't have to see him anymore.

schmunk

4,399 posts

125 months

Monday 21st March 2016
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Right, now that's sorted, what are you planning to do about that "lawn"...?

rob0r

Original Poster:

420 posts

170 months

Monday 21st March 2016
quotequote all
Thanks all for the advice, I didn't really know where to start so it all helps smile

desolate said:
Firstly the adverse possession system changed a few years ago so it's now a lot more difficult to claim.
Secondly you can clip the hedge so it doesn't overhang your boundary without their permission.

And Finally life really is too short to get involved in this as it has the makings of something we will read in the Daily Mail in 10 years time. Boundary disputes really are a nightmare and nobody wins.

If it were me I would build a new strong fence inside your boundary leaving current fencing in place. As this is yours and inside your land they can't touch it.

Take photographs and write to the neighbours saying that you haven't moved the boundary and that the current boundary line remains.

Ignore neighbours until the move or die.
I know I brought it up but I don't actually think adverse possession applies here, the deeds are as such there is very little to go off and as far as I can see the fence is OK where it is now. However I really like the idea of just erecting another strong fence against the current one, this solves most of the issues and sticks two fingers up at them for little loss. I'd make it so they were unable to remove the old fence too laugh .

They have an aggressive/unsocialised great dane which they cannot control (and never EVER walk...) who has tried to break through the fence several times now to get through to my dogs. Doubling up the fence really isn't a bad idea.

Robertj21a

16,476 posts

105 months

Monday 21st March 2016
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Definitely don't get involved in any sort of 'formal' boundary dispute. As already mentioned, these have a habit of getting completely out of control and dragging on for many years. Life's most certainly too short for that silliness.

I'd agree with the suggestion to simply build your own fence up against it.

Spare tyre

9,537 posts

130 months

Monday 21st March 2016
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As others have said don't get into further grief

I think the suggestion of leaving the existing fence there and putting up a beefier one is the best. You might loose a little bit of land but it's worth it

I know it's not fair, but people are nobs and you won't win

I'd film it / lots of pics

Does the fence join to the house?

If so I'd make a permanent mark where it does

rob0r

Original Poster:

420 posts

170 months

Monday 21st March 2016
quotequote all
schmunk said:
Right, now that's sorted, what are you planning to do about that "lawn"...?
I know I know frown We neatly laid turf last spring/summer only to see moles rip the lot. Meaning we need to start again! This was when we laid it last year.




rob0r

Original Poster:

420 posts

170 months

Monday 21st March 2016
quotequote all
Spare tyre said:
As others have said don't get into further grief

I think the suggestion of leaving the existing fence there and putting up a beefier one is the best. You might loose a little bit of land but it's worth it

I know it's not fair, but people are nobs and you won't win

I'd film it / lots of pics

Does the fence join to the house?

If so I'd make a permanent mark where it does
I'm definitely leaning to doing just that, I might loose a bit of land, but they certainly won't win. Yes the fence does join to the house and making a mark is a great suggestion.

Robertj21a

16,476 posts

105 months

Monday 21st March 2016
quotequote all
rob0r said:
I'm definitely leaning to doing just that, I might loose a bit of land, but they certainly won't win. Yes the fence does join to the house and making a mark is a great suggestion.
And, as others have said, definitely take numerous before and after photos, from all angles.

Jonesy23

4,650 posts

136 months

Monday 21st March 2016
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Remove and replace one panel/post at a time cutting the hedge back to the fenceline as you go & returning the cuttings.

This way it is a series of running repairs with the existing fence maintained rather than a full removal and replacement where the position could be disputed. Even better if you can retain and reuse the existing parts and just stabilise and refix them.

Obviously take some photos so there is a record of the new bits going into the original position as you go.

You're storing up future trouble if the hedge is left alone as it will continue to grow even if you relocate the fence slightly.

bigbob77

593 posts

166 months

Monday 21st March 2016
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rob0r said:
We neatly laid turf last spring/summer only to see moles rip the lot.
Big mole!!

jesta1865

3,448 posts

209 months

Monday 21st March 2016
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you need a shotgun, torch, duck tape and a revolving chair.

then google for mole advise from a brummy smile

Martin_Hx

3,955 posts

198 months

Monday 21st March 2016
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Love the look of the dog... "What... all this is mine to pee on!"

schmunk

4,399 posts

125 months

Monday 21st March 2016
quotequote all
Martin_Hx said:
Love the look of the dog... "What... all this is mine to pee on!"
And it appears to be pulling a string of frozen sausages from the lawn...?

popeyewhite

19,803 posts

120 months

Monday 21st March 2016
quotequote all
hornetrider said:
Take fence down. Trim their side of hedge which protudes over the boundary wink , hand back the clippings, erect new more solid fence in situ.

Job done.
The above.


Marc p

1,036 posts

142 months

Monday 21st March 2016
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A bit OT, but I have to say that house looks lovely, any more pics of it?

Troubleatmill

10,210 posts

159 months

Monday 21st March 2016
quotequote all
hornetrider said:
Take fence down. Trim their side of hedge which protudes over the boundary wink , hand back the clippings, erect new more solid fence in situ.

Job done.
^ This