Dear Whats the Law
I’m thinking of buying some plants for a new hedge, but don’t want to encroach on my next-door neighbour’s property. What’s the best way of making sure I get the boundaries right?
Boundaries can be a common cause of property disputes between neighbours. Technically, if you fail to plant the hedge in the right area, then you could be guilty of trespass. The best way by far is to avoid this situation from arising in the first place is to have a friendly chat with your neighbour about any concerns you have.
We have seen numerous cases where this kind of problem has escalated to legal action. People are often left with little choice but to go to court to state their case for either an injunction or damages, and the cost of this could be huge. In such a situation, the court may rule that you have to remove or alter the position of the hedge. Failure to comply may lead to further penalties being imposed.
The best way to avoid this situation is to review your property deeds and gather all the information regarding the location of the legal boundary. This will help you pinpoint the best place to position the hedge.
The deeds should be shown to a chartered land surveyor, who will be able to assist with physically plotting the position of the boundary on the ground. If it appears that the position of the boundary is not defined in the title document or lease, or that the boundaries have been changed by agreement or encroachment, seek specialist legal advice.
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