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neighbour raised height of garden. flooding/privacy?


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Please can you help confirm something for me regarding a back garden boundary with my neighbour of 35 years.

 

The boundaries were old stlye and marked out by hedges, not long after we moved in we asked the neighbours if we could cut them and put a fence in instead.

 

They understandably wanted to keep the hedge. So we put the fence up on our side.

 

Now my beautiful neighbour is moving. I have started getting anxious over the boundary because my deeds are not ckear on that side and show nothing.

 

I do not want the hedge row cutting down because it offers a countryside feel, height, privacy. We have been maintaining the hedge on our side throughout the 35 yrs.

 

If I recall correctly from the party wall act, puttung that fence up does not mean losing the shared boundary?

 

Is this correct? I am only interested in truth, not trying to claim anyting that is not mine or be awkard, only peaceful.

 

If this is correct was wondering what folk do. Ask their neighbour for a letter stating these facts? Ask them to make it clear to new owner? It is important that I minimise stress due to health and I am not bothered about a foot of boundary but the privacy the hedge currently privides if cut will make it difficult to enjoy my garden anymore.

 

 

Peace

Clear33

thanks in advance

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Might it be worth a call to the Land Registry ?

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Btw... putting up a fence on your side should not affect the shared boundary... I had a footpath on the boundary of my property which I fenced off. Now that the path has been diverted somewhere else, I can move my fence back to it's original position and reclaim my land.

 

If you had maintained the hedge on both sides, you may have been able to claim adverse possession of the land it stands on. TB

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You had two threads on this issue, I have merged them.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Btw... putting up a fence on your side should not affect the shared boundary... I had a footpath on the boundary of my property which I fenced off. Now that the path has been diverted somewhere else, I can move my fence back to it's original position and reclaim my land.

 

If you had maintained the hedge on both sides, you may have been able to claim adverse possession of the land it stands on. TB

 

Thankyou very much for your reply and helping me clarify this. I thought that was the case. Just needed more heads to talk it over with :)

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It would be such a shame to lose the hedge... would your current neighbour transfer the land including the hedge for a small fee? TB

 

@ThedaBara

It would be a big loss - exactly right.

 

Can I ask is this a common occurence? Could it cause offence in any way? How would I know how much is appropriate? Dont know if I could summon up the courage to ask :/

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I don't see how it could cause offence… It could be a 'peppercorn' amount if your neighbour is moving and is no longer affected by it, they may accept a token amount of £1. Usually where there is a dispute and there is nothing at LR, the land can be registered to whoever has maintained it for 12 years. I would definitely ask the neighbour… you've nothing to lose (but your hedge). TB

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  • 4 months later...
Btw... putting up a fence on your side should not affect the shared boundary... I had a footpath on the boundary of my property which I fenced off. Now that the path has been diverted somewhere else, I can move my fence back to it's original position and reclaim my land.

 

If you had maintained the hedge on both sides, you may have been able to claim adverse possession of the land it stands on. TB

 

 

Does anyone have to hand a quote or something that the shared boundary hedge remains shared even though I have had to put up fence panels on my boundary since the neighbour did not agree to cutting the hedge down to put the fence panels in the middle, a long time ago?

 

 

I have looked but there is nothing in the party wall act.

 

 

I am only trying to protect the hedge from being cut down by a potential new neighbour and nee a reference...

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It's a bit confusing.

You said that you have put the fence up because the neighbour objected to you cutting the hedge.

Now you're concerned that your new neighbor might cut the hedge.

Surely that would please you as that's what you wanted in the first place.

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  • 2 months later...

Hi.

 

I have a new neighbour. They have cleared overgrowth but failed to take the mound of soil dumped on the land (about 8 truck loads). Cowboy did damage to shared boundary hedge too. But have let that go.

Stressful.

 

instead of removing soil it has been levelled with no retainer wall. Now their garden will be a foot or prob. More like two foot higher than mine. It slopes towards my house and to my horror privacy is lost as a view straight onto my patio and kitchen can be seen.

 

I just want to be informed and either re-assured or find a win win. I am really amicable so don't need that talk and they are lovely too.

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All sorts of info coming at me. Level shouldnt be above my damproof course if my house is 10ft away (it is)

May need to inform my insurance

Should be rubble, holes for drainage, retainer wall etc.

 

Some say should have planning permission others say not.

Also the privacy into my kitchen should have been taken into account.

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All sorts of info coming at me. Level shouldnt be above my damproof course if my house is 10ft away (it is)

May need to inform my insurance

Should be rubble, holes for drainage, retainer wall etc.

 

Some say should have planning permission others say not.

Also the privacy into my kitchen should have been taken into account.

 

Much depends on whether there is a new development next door which required planning consent.

 

If a house is being built or they are having an extension built you have more rights. If it is just general tidying of a garden, where they have excess soil, you cannot do much.

 

I think you need them to see what your problems are from your point of view. If they are inadvertently causing you a problem with drainage onto your property then they are opening themselves up to being possibly liable at a future date, which you want to try to avoid.

 

At this stage i doubt your Home Insurers would be interested,

We could do with some help from you.

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I am not entirely sure how the drainage will occur. I do have a fence between it and my home, but people are telling me its problematic. Obv. Better to get issue sorted now before they put the garden in etc.

 

We have a lot of rain here.

 

P.s. nice avatar :-)

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I am being told raising garden by over foot does require planning consent.

 

Otherwise they were just supposed to be clearing all the soil that was pushed back by the owner before them to make a carpark out of a derelict garden without planning consent.

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