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Ownership of land
Ownership of land
Posted
Thu, 13 Jun 2024 08:36:46 GMT
by
Paul Clarke
For 40 years the Council have trimmed the hedgerow at the back of our property which backs onto a major A road.  Myself and neighbours have received mail from the local council telling us that the hedgerow is on our property and it is our responsibility to ensure the hedgerow is maintained and does not encroach onto the pavement of highway.  If we do not carry out work to trim the hedgerow the council will take legal action against us.  We have 2 weeks to carry out the work.  We have no access beyond our rear fence as a covenant forbid access through the rear of our land to the main road.  To get to the main road at the rear of our properties is a 1 mile drive.  We challenged the notice and asked for proof that the land is ours.  We were sent a land registry map with no details ie measurements etc.  Picture of the plot encircled by a red line.  I obtained a copy of the map of the plot from property deeds which are more defined.  At the rear of the property we have what we believe is our boundary and most of us have erected fencing of sort.  Then road side is a small area approx metre wide and then the hedgerow which includes some mature larger trees, Ash etc.  The hedgerow is at a guess 2 mtrs deep. The map from the deeds clearly shows our plots, beyond which it also shows the hedgerow.  The is detailed enough to even show a small gap in the hedge which used to be a gate into the field before our properties were built in 1982.  This small gap is directly behind my garden fence and the remnants of the post and gate hinge are still there today in the hedgerow.  I would say that the map from the deeds in conclusive evidence that the hedgerow is outside our boundary and that it is the responsibility of the council to maintain.  By the way we are in South Wales.
Posted
Thu, 13 Jun 2024 08:56:52 GMT
by
Adam Hookway
Paul - all understood and appreciated but it appears that you have all the registered information and a resolution re the issues raised by the council is very much one only you/they can now resolve. In light of their threat of legal action I would recommend seeking legal advice as appropriate<br> We register the general boundaries and not the exact legal boundary. Establishing the precise position of the legal boundary is often a matter only neighbouring landowners can decide between them. <br> Our <a href="https://www.gov.uk/government/collections/land-registration-practice-guides#guides-40-to-49">PG 40 supplements 3,4 and 5</a> explain this in more detail but it's very much legal advice you need here
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