My neighbour is planning an extension. The boundary is marked by a hedge which they own. The hedge is quite wide (~1m). They plan to build right up to the hedge saying that the boundary is the edge of the hedge on our side (and hence they don't break the planning regulations about building within a metre of the boundary). However, if the boundary was in the middle of the hedge they'd have to be less ambitious.
Where the boundary is ambiguous is there any default in English law to decide where the boundary is?
2007-02-12 10:32:31 · 18 answers · asked by Stephen M 1 in Home & Garden ➔ Other - Home & Garden
You can find out EXACTLY where the boundary is by checking with your city officials. They have have specific property lines down to the centimeter, and you can get a copy of it and show it to your neighbor if they are going over the allowed building space.
2007-02-12 10:40:28 · answer #1 · answered by Episco 4 · 0⤊ 0⤋
the legal boundary has nothing at all to do with the hedge, although it may have been planted close to the boundary.
The legal boundary is determined by the survey pins which are permanently set and marked at the corners of the property, If there is a dispute, it is (in most areas) the responsibility of the person doing the building (your neighbor, not the contractor) to have it surveyed.
This does not guarantee that you will not be infringed upon, as they could get a setback variance from the local zoning board if you don't stay on top of the situation.
It is very doubtful that the edge of the hedge is the legal boundary, especially if it has been growing for some time. You should check, because in most cases,after the building is done, the zoning board will grant a variance due to the expense of building movement.
2007-02-12 10:45:45 · answer #2 · answered by Larry G 3 · 1⤊ 0⤋
The boundary is where the legal survey of the lot says it is. Hedges don't count. Also check the local building by-laws. In many cases the side lot must be 3m. Also for an addition they will require a building permit. To get this permit they must file plans which locate the edge of the addition relative to the property line.
2007-02-12 10:38:47 · answer #3 · answered by frozen 5 · 1⤊ 0⤋
When you bought your house your solicitor did a search that shows all legal boundaries to your property. You should have a copy (if you can't find it your solicitor should be able to supply you with another copy).
Or contact the town planning officer at the town hall.
In the (unlikely) event that neither of these can resolve your question - visit your local library/records office and find out the name of the developer who built your houses - they will certainly have the plans showing the boundaries of each property.
2007-02-12 10:48:05 · answer #4 · answered by franja 6 · 1⤊ 0⤋
The boundary line is not measured by things like hedges - otherwise someone would build the Great Wall Of China down your garden and claim rights that way - it is what it says - a line. Cut the hedge if it bothers you, but remember, you have to throw the cuttings over your neighbours side UNLESS he gives you permission to remove them - trust me on this it is not rubbish; it's his property and throwing it away can land you in hot water - even if it is bothering you. A boundary line is marked on your plans at the land registry, and usually exists in line with a building. but it is a LINE not a border.
2007-02-12 10:38:56 · answer #5 · answered by i_love_it_4_real 3 · 1⤊ 3⤋
Get the hedge cutters out and cut the hedge back by 12ins on your side. He'll have to redraw his plans and resubmit them to the council. If he does this cut the hedge back another 6ins and so on.
Seriously though the edge of a hedge cannot be a boundary because it can grow or be cut back. You need to see the deeds of the property to be certain.
2007-02-12 10:45:22 · answer #6 · answered by Anonymous · 0⤊ 2⤋
If you wanted to be an SOB, let them build what they want and when they finish it, call in the people who know for sure. They will have to tear it down and then build it in it's proper place.
I'm in the US and our laws are about the same. I don't like people doing that kind of thing. The only problem is if you have a "squatting" law or one that says they can take that much of your property.
I really wish I could help but I'm a kind of a jerk and I love causing people (SOBs) as much problems as I can within the legal limits of the law.
2007-02-12 10:48:56 · answer #7 · answered by Kevin A 6 · 1⤊ 0⤋
The default is the Land Registry map of the boundary. No argument.
2007-02-12 10:35:13 · answer #8 · answered by Del Piero 10 7 · 1⤊ 0⤋
You should know where the boundary is. The exact measurements of the property should be in the papers that came with the house when you bought it. If you do not have these at hand check the land registry.
... if the neighbour claims he knows where the boundary is, he's probably right.
2007-02-12 10:36:29 · answer #9 · answered by M 6 · 0⤊ 3⤋
have a look at your deeds and contact the local planning authority.
i thought that england was getting a law similar to the scottish 'party wall act,' which the planning department would (hopefully!) advise you about. this may help.
although it isn't a wall, it is a boundary between two properties.
2007-02-12 10:44:16 · answer #10 · answered by rhin0692002 2 · 0⤊ 1⤋