Scottish Elises

Looking for some help from SE......

My neighbour asked tonight if it would be okay to remove a hedge between our front gardens and replace it with a fence to allow him to get a caravan up the side of his house. I have no issue with the hedge being removed i just don't won't him building the fence to suit his needs.

I have a copy of the Land Register from 2008 for my property which does show the boundary line however it is a photo copy so unable to scale it from it. Plus on the drawing they have marked our boundary with a thicker line so you probably couldn't scale it anyway.

So my question is, how would i find out where the boundary line is?

Dunno, but make sure the post are on his side. so you get the nice view of the fence.

Should the title deeds not indicate where the boundary lines should be?

Graemei wrote:Should the title deeds not indicate where the boundary lines should be?

I have a similar issue with my neighbours and the deeds are a vague as some of my posts

There's no easy answer, surveyors & solicitors make a lot of money from boundary disputes and that's for fairly well defined disputes. Given most residential houses are constructed with a feu fence erected by the house builder's fencing contractor based on where they think the middle is you can see this isn't going to be easy.

Best bet, base it on the centre line of the hedge roots.


Edit: some advice on the subject from the UK mapping agency http://www.ordnancesurvey.co.uk/oswebsi ... aries.html

Do you want to look at the side of a caravan 48 weeks of the year?

It would be a double slatted fence going up at his cost, all be it probably not 8ft high like the hedge.

Having a quick look earlier it does look like the hedge rots have been planted on the boundary line.

Do I have a right to say I want the hedge to stay?

It all depends on the relationship you have with your neighbours now and the relationship you want with them in the future. If you're on good terms then try and find a compromise that preserves the boundary line as clearly as it currently is, along whatever line you now agree with one another. Also see if you can persuade them to erect a larger panel where the caravan will sit, or a trellis that you can grow something up, etc.

Once you start down the "legal rights" route the only people that win are the lawyers

Cheers,
Robin

As said try not get solicitors involved. I've just had a similar issue but cost me a small fortune.
I was led to believe when talking with the solicitor that there is 3ft of no mans land between properties, maybe it's just up here between larger parts of land? But maybe neither of you have the land the hedge sits on?
Biggest thing to think of is your future relationship with your neighbour though.

I looked into it and it'll be down to the legals to argue it if you let it get that far.
Does 3" either way make that much difference really? Just agree the line with him, mark it out using something that isn't easy to move (Paint on the road?) and offer to help put the posts in...

Mike Scib wrote:It would be a double slatted fence going up at his cost, all be it probably not 8ft high like the hedge.

If the fence is within a certain distance of the road (I think it's 30m) then any fence over a certain height (I think it's 1.2m) requires planning permission. If approved, planning permission will only be granted for a fence with height of 2m max. You don't need any planning permission for a hedge although the council could deem it as a nuisance once if it got so tall as to interfere with a neighbouring property.

As somebody else has said, if you loose the hedge you're probably going to end up looking at a caravan!