DISPUTES over hedges and fences in Worcester have seen neighbours at war with each other and local councils.
In one recent case, Ian Buswell was denied retrospective planning permission for a fence that he claims is “making everyone safer”.
Mr Buswell, 66, said he was told to cut back a hedge at his property in Hallow, near Worcester, because it was blocking the path before being told it would be ok to erect a fence by a local councillor.
His alteration has resulted in planning enforcement investigation being undertaken by Malvern Hills District Council.
In other cases, neighbours are at war.
Nationally, an estimated 6.2 million Brits have been in a boundary dispute with next-door, according to Higgs LLP.
Nearly half of these concerned fences, including rows over height, location, ownership and repairs.
Here is what to do in a boundary dispute
Boundaries and shared walls
Neighbours should try to settle a dispute informally before lawyers or the council become involved, according to government advice.
Notice must be given to next door if you are going to do work on a shared ‘party’ wall.
These include fences, walls, hedges, edging stones, sides of buildings, ditches, roads and rivers.
Much of the work in boundary disputes involves consulting paperwork such as maps of boundaries to be clear on who owns what.
The Royal Institution of Chartered Surveyors (RICS) advises: “Establishing an understanding with your neighbour may well help you avoid problems in the future if you decide to put up an appropriate boundary feature such as a fence, wall or hedge.
“You should never do so without your neighbour’s knowledge or while they are away.
“Always discuss any planned work with them before you begin.”
Ian and Bethany Buswell have been told by Malvern Hills District Council to remove this fence (Image: SWNS)
Hedges
High hedges are given their own category in advice issued by the government.
Two metres is considered an adequate height for a hedge that prevents overlooking and provides privacy in a garden.
Any higher and it can be one of the factors that leads a council to investigate a complaint, along with prevention of light and whether it is ever-green.
In the first instance, a resident with a complaint about the greenery should talk to the person responsible for its upkeep.
It’s recommended to speak with neighbours face-to-face rather than to push a note through the door.
“Even if you and your neighbour aren’t on speaking terms, it’s still worth trying to set aside your differences to find a solution to your hedge problems,” the RICS says.
“In these circumstances, you might prefer to make the first move by letter.”
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A civil mediator is the next step if simply talking over the fence – or hedge – does not work or is not possible.
Councils should be a last port of call, as they will expect complainants to have gone through all the other means of resolution first.
More about complaining to a council about hedges can be found here.
Going legal
This is the nuclear option by all accounts; and the road is expensive and time-consuming.
The RICS has the following advice: “The key to resolving a dispute speedily and successfully is to seek expert advice as soon as possible.”
The RICS recommends consulting a chartered land surveyor specialising in boundary disputes as a first port of call.
Questions to ask include whether they are using latest procedures for boundary identification, whether they are skilled at interpreting geographic information and how familiar and equipped they are for going to court.
Higgs cite cases where costs in boundary battles have risen well above the average house price in many areas.
“In one instance, we successfully secured over £175,000 in costs for a client, forcing the defendant to sell substantial assets to cover the harm they had caused,” the law firm states.
“Simply put, boundary disputes aren’t only distressing; they can be very costly.”
