should i bill them

[NoRush]

I've been maintaining a hedge on the side of our land for the past 20 plus years (we have lived there 34 years). We don't own the hedge and could not find anyone who did. Its on the side of the footpath next to a housing estate so only in our interest to maintain it to keep sheep in and neighbors happy. We have now applied for planning to build new houses on the land and the local estate agent/corrupt I own everything rich bloke has tried to claim he owns the hedge through land registry.

. My question is Is there anything we can do to stop him (we have contested the land registry claim but he has money and we don't) and if he is successful could I bill for the work done and how far backdated

[easy-lift guy]

I believe you would have a better chance fighting and prevailing over your opposition with regards o the boundary line between the Two properties, with or with out funding.

As far as charging for services rendered for shearing hedges for many years in the past to the present, that may be more of a stretch and I suspect would fail at any recovery.

Concentrate on your primary goal of making sure the survey is in your favor.

At least that's how it would be handled over this side of the pond.

easy-lift guy

[Gary Prentice]

I doubt it. I may be on the wrong track, but you can't bill your neighbour for pruning the branches that overhang your property - so maintaining (at least) the side growth of the hedge would be in the same vein IMO.

 

If you've been reducing or maintaining the height, he may have some sort of case against you even. I.e. you could cut your side of a cypress hedge (reducing/preventing encroachment) but you certainly can't reduce the height without consent/agreement.

 

Of course I may be entirely wrong.

[Tim Stobart Tree Surgery]

You could bill him, but the chances of him paying you are zero. If he has not consented to the work, then he is under no obligation to pay. Also your letter could be used to prove that you have damaged his property, if say he wanted the hedge to be 2' taller than you have maintained it.

 

You may however find that you have a case with the land registry over the boundary dispute, with the fact that you have effectively owned it for that period (can you prove it?). My understanding is that boudaries can be redrawn if the land is occupied over a period of time. I would spend a couple of hundred quid consulting with a lawyer who knows the subject, and find out.

 

From experience of a similar dispute overf the years. I would have to say, I'm sorry for you. This sort of thing usually gets nasty in both petty and physical ways. Take the higher ground, document everything you can, and look for dirt on the other guy. If he's as described, you'll find it!

 

Good luck.

[geoff]

I would think it in your interest to own the hedge, these things can get used as a 'ransom strip', though I am not sure of it's relevance to your planning app.

[felixthelogchopper]

I don't think you would have a leg to stand on with regards to charging for maintaining the hedge as nobody asked you to do it so no contract has been created. However, depending on how long you maintained the hedge, and to what degree, you may have a claim to have adopted the land but you would really need to take legal advice on this. If money is short, try Citizens Advice or see if any local solicitors give a free first consultation. You could also see if your nearest university with a Law faculty does any pro bono work. Hope you get a result.

[aspenarb]

Its far to costly to get involved boundary disputes. The thickness of a line is a meter wide on the OS maps and is more grief than its worth to get clarified. If you have maintained this strip of land why not just go for an adverse possession order, you wont need any legal help and it will cost your neighbour to defend it. All you need is proof on your part.

 

https://www.gov.uk/government/publications/adverse-possession-of-registered-land

 

Bob

[NoRush]

Thanks for the info so far. We were asked to maintain the hedge by the council because they couldn't find an owner. All documents regarding the hedge from the previous housing estate are missing (no surprise there). But we have knowledge that he claimed he did not own the hedge when asked to maintain it by the parish council and it just so happens that 10 years worth of records have gone missing. Yes Geoff you right

[Adam M]

Have you done a land reg search yourself yet?

[kevinjohnsonmbe]

If it were me I'd:

 

(1) not take his word over ownership but check who has registered title to the land,

(2) read https://www.gov.uk/government/publications/adverse-possession-of-registered-land

(3) forget about trying to bill for previous work,

(4) be prepared for disappointment, if he knows what he's doing he's already pre-empted your aspiration and positioned himself so as take advantage - that's probably how he got rich in the first place!

 

Good luck!