How to stop a hedge or boundary becoming a battle line

Published

18th March 2019

While many of us hope for a convivial relationship with our neighbours, the reality is sometimes not as pleasant. As homeowners and property dwellers we fiercely guard our territory, and when border disputes happen, they can get ugly.

In the modern world, we're not as friendly with the ‘folks next door' as previous generations were. We jealously guard our domain, carefully mark out our borders, and ensure nobody encroaches on our ‘personal space'.

Richard Frenz, Head of the Court Department at Tayside firm Miller Hendry, explains:

"Border disputes between neighbours can be some of the most fiercely contested and ugly conflicts in modern society. From someone's fence being a couple of inches over their boundary to overhanging trees, high hedges or fences or the dreaded Public Footpath across private land, it seems there are a multitude of ways to annoy the neighbours without saying a word."

Miller Hendry offers these five tips on how and when to draw the line:

  1. 1.     Finding out where the boundaries are

You'll usually find your property boundaries marked out on your deeds. However, it can be difficult to know precisely who owns a hedge, fence, or trees between two properties. Walls are often a little easier to determine, but even these can be the subject of disputes if there's no precise indication as to where the original wall should be.

Your title plan may throw a little more light on where a boundary runs, however the scales on the title plans may not offer much clarity! Some older title deeds may have more specific measurements. You may need a Solicitor to help interpret them.

  1. 2.     The issue of fences and hedges

These are often the cause of real vitriol between warring neighbours, especially if a hedge starts to get out of control. If fences become damaged then there may be justification in asking the owner to repair it, especially if you or the neighbour have dogs who may then get onto the adjacent property and cause damage.

If you're unable to resolve the issue with your neighbour, there is some fairly recent legislation that can help with the problem of high hedges. If the reasonable enjoyment of their property is affected, homeowners and occupiers of domestic property can apply to their Local Authority under the High Hedges (Scotland) Act 2013 for a High Hedge Notice.

The law defines a "high hedge" as a row of two or more trees or shrubs that are more than 2 metres above ground level and that also form a barrier to light. The Act does not cover single trees, hedge roots or overhanging branches. And while common law allows you to cut back branches to the boundary between the properties, Miller Hendry strongly recommends that you let your neighbour know in advance!

  1. 3.     How to sort things out

Neighbour disputes over boundaries and overgrown trees fall under civil law, so unless things degenerate so badly that you feel physically threatened then there's no point in calling the Police to settle an argument. They will not respond to neighbourly disputes over a boundary argument.

The best way to resolve the situation is to talk. Emotions can run high, so if the situation has really escalated out of control then you can call in a mediator who can talk to both parties and get them around a table.

  1. 4.     Seek third party help

The Citizens Advice Bureau can help with mediation services, or you can call in a solicitor who specialises in boundary disputes and property law. They'll be able to research the boundary and try to find an exact and defining map to show exactly where the line is.

  1. 5.     Learning to live with each other

Remember that no matter what happens, you're still going to have to find a way to live with each other after the dispute is over. Therefore, mediation is by far and away the best route to tackling a boundary dispute and resolving the situation amicably. Be prepared to pay, though, as legal disputes over boundaries have been known to drag on for years. Sometimes it's easier, quicker and cheaper to sit down over a cup of tea and sort things out peaceably!

For further advice on this or any other legal issues, visit www.millerhendry.co.uk

Miller Hendry

Miller Hendry is one of the longest established and largest legal firms in Tayside. With 16 partners and 150 staff, through our offices in Dundee, Perth, Crieff, Comrie and Auchterarder we provide a wide range of legal expertise to our clients. As well as a sizeable Estate Agency and Property Services business we have specialists in Court, Private Client, Asset Management and Commercial work.

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