Can my neighbour remove the hedge?

John Conlin / 21 February 2017

Advice from chartered surveyor John Conlin helps a reader whose neighbour wants to take out a shared hedge.



Question

My garden and that of our neighbour is divided by a hedge. We each trim our own sides to about 4ft high. 

He now wants to substitute a trellis-topped 6ft solid fence, insisting he has the right to remove the hedge. 

Is he entitled to do this?

Spruce up your house and add kerb appeal

Answer

In the absence of mention of the hedge or boundary measurements in the titles of either property a Court is likely to assume that a line drawn through the centre of the base of the hedge represents the boundary; thus the hedge is joint property and cannot unilaterally be removed. 

Your neighbour can cut back that part of the hedge that overhangs his property but must not endanger the continued life of your half of the hedge. 

Any fence will have to stand on his land alone.

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The material is for general information only and does not constitute investment, tax, legal, medical or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.