Neighbour has Removed My Boundary Hedge!

David_

Member
Hi all,

I could do with so advice over a boundary hedge issue. One of my fields has bungalows and gardens to the rear. Around 3 years ago a new couple moved into one of the bungalows and removed the hedge between the field and their garden with out consulting me. The first I knew about it was when I found the hedge in a pile in my field! I made it clear that the hedge is marked on my deeds as belonging to me and was deeply unhappy with their actions. As they left a number of stumps behind (maybe 1ft high), I felt at the time that the hedge would grow back so we left it at that. They also asked if they could install a gate into the field and were told no (if one person does it, everyone wants to do it!).

While working in the field yesterday I noticed that they have now continued working where the boundary hedge was. They have now completely removed the hedge (stumps) and placed the gate up to the sheep netting which conveniently is cut and linked behind the gate. They also appear to have installed boxes for flowerbeds along the hedge line.

Am I correct in thinking that if the boundary hedge belongs to me, then the land it sits on also belongs to me and their boundary is on their side of what was the hedge?

I confronted them again and was told that they were planning to plant flowers to "make it nice". I told them I was not happy and wanted a stock proof fence installing and the hawthorn hedge reinstating. While standing there I noticed a number of plants which are poisonous to animals hanging over from their garden and pointed this out.

I really don't want a legal battle over this but it feels as though they are just ignoring my requests and carrying on regardless. I just want to know where I stand on this before going any further. We are with the NFU so was planning to give them a call too.

Thanks in advance

David
 

llamedos

New Member
Is it worth a word with LPA they have powers to fine, and would not hesitate in doing so had it been yourself who had grubbed out the same hedge.
 

Dry Rot

Member
Livestock Farmer
Criminal damage. Report to the police. At least get the community police officer to have a word. They are usually keen to nip a problem in the bud and are trained to deal with this sort of situation before it escalates.
 

Dave6170

Member
The department really don't lile removal of linear features, as they call them. If you went and ripped a hedge out on your land without their approval, that's a serious/deliberate breach with a 20% penalty on your subsidy! That's the case in Scotland as I've been told.
 

Grassman

Member
Location
Derbyshire
I would just put a new fence up and plant some quick thorn on your fence line. Take pictures and warn them to keep off.
I have a neighbour who put a 12 'gate into my field. I was daft enough to ignore it. Can you imagine what would happen if you put a gate into someone's garden. They would soon be on to their solicitor.
 

Exfarmer

Member
Location
Bury St Edmunds
First thing I would check, was there a ditch there side of the hedge. This would be absolute evidence it is your hedge. It would also be a good time to get that section cleaned.
Would give them something to think about!
I am afraid you will have to speak to solicitor as I would be utterly amazed if the police were remotely interested , as it is a civil matter, even though As Dry Rot says it is criminal damage.
Take lots of photo evidence, check your deeds though to make sure you are correct!
Take them to small claims for cost of replacement hedge and fencing costs incurred by the hedge removal
 

Big Al

Member
Location
Middlewich
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A section of palisade security fencing would compliment their flower boxes nicely.
 

Dry Rot

Member
Livestock Farmer
A bit of an aside, but what is the position if a previous owner gave permission for the gate to be installed, then that owner sold the land? I'm guessing the new owner takes the land as it is and can do nothing about the agreement to the earlier access? (I'm in Scotand).
 

Yale

Member
Livestock Farmer
20 years ago a neighbouring farmer grubbed out 100 metres of hedge placing new fence line 5 metres into our field.

Problem is the field is jointly owned and with no previous evidence of the hedge line as now removed it was let go as it would have probably ended in an expensive legal battle with a farmer with very deep pockets.

However I have not forgotton and as the saying goes,'every dog has his day'.
 

llamedos

New Member
Google Earth may well be your friend, have a look on there and see if it has a non updated version of your land, which will show the hedge as it was, print a copy.
Even better if you are in any sort of conservation area, as I suggested earlier speak to local Planning officer.
Block their gate, send them a recorded letter telling them you do NOT give them permission for a gate,and require the hedge to be reinstated,and any injurious plants to be removed. lodge a copy with your agent.
 

billboy 1

Member
Location
derbys
Pisses me off this sort of thing does because having done what they've done anything you do to rectify it will be seen as petty purple faced get off my land attitude you can't win
 

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