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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My neighbour wants to remove a hedge that she claims is on

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My neighbour wants to remove a hedge that she claims is on her side, we have always both looked after the hedge and I was always under the impression it was joint ownership. She wants to take it out and put a fence up, can she legally do this when we are not happy about the hedge being taken out?
JA: Are you in the UK or are you in the States?
Customer: Uk
JA: What action has been taken so far? What's your ideal outcome?
Customer: She has had somebody come out to quote for the fence she asked if my husband would take the hedge out I said then we didn't want it to come out, not only that but the removal of the hedge will completely tear all my border filled with flowers out
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Good morning - why do you think its a shared hedge and are your boundaries clearly marked on the deeds?

Customer: replied 4 months ago.
No the boundaries are not clearly marked, on the deeds.

If this had is indeed shared, then she has as much right for it to be removed as you have for it to stay. If this were to go to court, and it was agreed that the hedge was on the boundary, the court will normally maintain the status quo which means they would leave the hedge as it is.

If this Becomes a full-blown argument,then you are going to need some evidence from the boundary surveyor as to which side of the boundary, in the surveyor’s opinion, the hedge is on. That may be inconclusive. A boundary surveyor’s report is likely to cost about £600 plus VAT.

If you think the neighbour is going to remove the hedge one day when you are at the shops or on holiday, then you need to get an injunction to stop that happening. If there is some urgency with this because you think the neighbours about to do it in the next couple of days, you can make an emergency application to court for an injunction to stop the hedge being ripped out pending the resolution of the boundary issue and ownership of the hedge.

Check your house insurance to see if you have legal expenses cover that would pay for the legal costs of dealing with this. I can tell you now, that I have dealt with one of these before and even without getting to litigation the client spent almost £4000 in legal costs. In our particular case, there was actually a known old chain-link fence in the hedge on one side and it was obvious to anyone who owned the hedge but the neighbour wasn’t having any of it. In the end, the neighbour saw sense and moved but it was quite a protracted argument.

Does that answer the question?

Can I answer any specific points arising from this?

Please don’t forget to use Star rating box at the top right hand corner of the page to rate my answer positively. If you don’t rate it positively, I don’t get credit for my time dealing with your problem.

However even after rating, the thread does remain open and if anything else need clarification, we can still exchange emails.

Kind regards.

Stuart.

Stuart J and other UK Law Specialists are ready to help you
Customer: replied 4 months ago.
What would it mean if she could prove the hedge was on her land? And what about the damage to my garden the removal of the fence would cause?

If she can prove that the hedge is on her land, then she can remove it. However she is responsible to put right any damage caused to your land.

She cannot remove the hedge if there are any nesting birds in it, not until they finish nesting.