Probably the fence, as it was new housing estate. I don't know if the neighbour concerned was the original owner so to speak, who planted her garden. But as said before I know she isn't much of a gardener. So now it is left to do it's own thing!!
You need to know whether the fence marks the legal boundary or whether the bushes do - in other words, are they the remains of a hedge which once marked the legal boundary. Sometimes the face of a hedge - rather than its roots - at a nominal 2ft or so from the roots might be the boundary. The legal boundary should be shown or described in the deeds.
If Mum thinks the boundary is her fence, but it's not easy to prove from the deeds or other evidence, she could ask her neighbour to discuss it and, hopefully, agree with the neighbour that the present fence is the boundary. Then she could mark that boundary with a line of short stakes and agree that line with the neighbour. The fence could then be built two feet on Mum's side of the boundary, which would give her access to that 2ft of her own land to trim the neighbours shrubs when they grew to or over the fence. The deeds might have to be amended to record the line of stakes as the boundary for the future.
OK Dan, so she'll have to negotiate with the neighbour, which doesn't seem to be working, and her gardener will have to lean over the fence and cut down the bushes that are pushing the fence - not easy and possibly provocative. I've seen my solution work.
Agree with, Learnincurve re lifting the fence panel and allowing the bush to spread out and settle, then any foliage on your side of the boundary ( providing the fence runs along the boundary line ) can then be cut back.
Is the property rented? If so then contact the owner, the owners details will be within the title you downloaded. I've been surprised sometimes to find that an assumed owner is in fact a tenant!
Hit the "Start Now" button and enter the property details and buy the title & plan.
The plan details where the boundries are, the title may or may not say who ownes or who is responsible for the boundary structure, it does sometimes.
Then head on over to this forum: www.gardenlaw.co.uk for more help regarding the legalities of boundary disputes.
Having read through this thread i'm convinced that the neighbour doesm't give a monkeys as long as they don't have to pay for anything, Hooray i'm going to get my shrubs pruned back for free, magic!
I'm able and capable and if it were me the shubs would have been cut down to the ground and just left in the neighbours garden for them to sort out by now. It doesn't bother me whether i get on my neighbours or not "but i do try initially" but if they don't tow the line, negotiate and compromise and offer at least help or contribute in some way then they get what they deserve. However it is always worth trying your best first to get on well with neighbours as good neighbours are worth it, but there does come a point where you just have to get on with it and bugger them.
Posts
Probably the fence, as it was new housing estate. I don't know if the neighbour concerned was the original owner so to speak, who planted her garden. But as said before I know she isn't much of a gardener. So now it is left to do it's own thing!!
You need to know whether the fence marks the legal boundary or whether the bushes do - in other words, are they the remains of a hedge which once marked the legal boundary. Sometimes the face of a hedge - rather than its roots - at a nominal 2ft or so from the roots might be the boundary. The legal boundary should be shown or described in the deeds.
If Mum thinks the boundary is her fence, but it's not easy to prove from the deeds or other evidence, she could ask her neighbour to discuss it and, hopefully, agree with the neighbour that the present fence is the boundary. Then she could mark that boundary with a line of short stakes and agree that line with the neighbour. The fence could then be built two feet on Mum's side of the boundary, which would give her access to that 2ft of her own land to trim the neighbours shrubs when they grew to or over the fence. The deeds might have to be amended to record the line of stakes as the boundary for the future.
Why should she lose use of 2ft of her garden because of this?
glasgowdan,
If you have another read, you'll see that I'm not suggesting that she lose any of her garden.
You could just lift the fence panels up and cut the bushes back to the boundry line though.
Having a fence 2ft inside your own boundary effectively negates that space as useless. So losing 2ft of the "useable" garden. But you know that!
OK Dan, so she'll have to negotiate with the neighbour, which doesn't seem to be working, and her gardener will have to lean over the fence and cut down the bushes that are pushing the fence - not easy and possibly provocative. I've seen my solution work.
Agree with, Learnincurve re lifting the fence panel and allowing the bush to spread out and settle, then any foliage on your side of the boundary ( providing the fence runs along the boundary line ) can then be cut back.
Sheps, do we know it's a panel fence. Even if it is it's a lot of work lifting the panels - unless they're so badly fitted that the fence blows down!
Download the title registers for both properties from the land registry (title & plan) £6 for each property.
You might be surprised about what you find out: https://www.gov.uk/search-property-information-land-registry
Is the property rented? If so then contact the owner, the owners details will be within the title you downloaded. I've been surprised sometimes to find that an assumed owner is in fact a tenant!
Hit the "Start Now" button and enter the property details and buy the title & plan.
The plan details where the boundries are, the title may or may not say who ownes or who is responsible for the boundary structure, it does sometimes.
Then head on over to this forum: www.gardenlaw.co.uk for more help regarding the legalities of boundary disputes.
Having read through this thread i'm convinced that the neighbour doesm't give a monkeys as long as they don't have to pay for anything, Hooray i'm going to get my shrubs pruned back for free, magic!
I'm able and capable and if it were me the shubs would have been cut down to the ground and just left in the neighbours garden for them to sort out by now. It doesn't bother me whether i get on my neighbours or not "but i do try initially" but if they don't tow the line, negotiate and compromise and offer at least help or contribute in some way then they get what they deserve. However it is always worth trying your best first to get on well with neighbours as good neighbours are worth it, but there does come a point where you just have to get on with it and bugger them.