land and boundary question

jobless

We live next to some land that is being developed. We were separated from the land by hedging, (half on our side and half one their land). As part of the development they are building a wall in front of their hedge (hedge is about half a foot wide).
Out of interest, does them building this boundary wall mean that they are specifying this is the end of their land?.

Could we for instance cut down all the hedging and build up to the boundary wall?

BattleCorp

jobless wrote: »

We live next to some land that is being developed. We were separated from the land by hedging, (half on our side and half one their land). As part of the development they are building a wall in front of their hedge (hedge is about half a foot wide).
Out of interest, does them building this boundary wall mean that they are specifying this is the end of their land?.

Could we for instance cut down all the hedging and build up to the boundary wall?

I did that in my house. But I left it a few years before I took out the ditch that was on my side of the wall.

It's still their land but I think you can eventually claim adverse possession if you stay there long enough.

jobless

BattleCorp wrote: »

I did that in my house. But I left it a few years before I took out the ditch that was on my side of the wall.

It's still their land but I think you can eventually claim adverse possession if you stay there long enough.

was there anything said about it to you?... we'll be here for a long time so i was also wondering if after a few years we could do this

BattleCorp

jobless wrote: »

was there anything said about it to you?... we'll be here for a long time so i was also wondering if after a few years we could do this

Nope, nothing said to us and I didn't say anything to them either. I kept quiet, and then a few years later I was developing the garden and I got the guy to take out the ditch with a digger. It gave me an extra bit of garden, a wedge shape that was five feet wide at one end and two feet wide at the other end. Quite an extra bit of ground.

I haven't gone for adverse possession because I haven't been there long enough but I will apply for it eventually.

jobless

BattleCorp wrote: »

Nope, nothing said to us and I didn't say anything to them either. I kept quiet, and then a few years later I was developing the garden and I got the guy to take out the ditch with a digger. It gave me an extra bit of garden, a wedge shape that was five feet wide at one end and two feet wide at the other end. Quite an extra bit of ground.

I haven't gone for adverse possession because I haven't been there long enough but I will apply for it eventually.

was just reading there, 12 years... a long wait..

in our case i think the developer is using the hedge behind his new wall as a 'decorative' feature.... (sticking out over wall)
In order to claim adverse possession we would probably have to be using the land like you are to claim it...
I imagine if we pulled it down he would notice and we would be in trouble...

Were you not worried you neighbour was going to come in and say.... 'put that hedge back!'

BattleCorp

jobless wrote: »

was just reading there, 12 years... a long wait..

in our case i think the developer is using the hedge behind his new wall as a 'decorative' feature.... (sticking out over wall)
In order to claim adverse possession we would probably have to be using the land like you are to claim it...
I imagine if we pulled it down he would notice and we would be in trouble...

Were you not worried you neighbour was going to come in and say.... 'put that hedge back!'

In our case it was a dirty ditch and the wall was quite high so nobody missed it. When the wall has been built and somebody moves into the property, chances are that they won't even realise that they own about a foot of space on the other side of the wall. They will probably assume that the hedge is on your property and yours to do what you want with it.

Leave it a couple of years before you do anything. Then trim down the hedge to the height of the wall. Then cut it below the level of the wall the following year. After that, then nobody will notice that the hedge is gone should you decide to remove it altogether.

By the way, that hedge is probably nicer looking that the wall so I'd probably leave it there rather than cutting it down.

nuac

Sorry guys. These are common problems. Talk to a solicitor. Cannot give legal advice here.

Thread closed

/Mod//