Whose responsibility is the hedge?

[mamatwo]

We own a property but the neighboring property is owned and rented out by the council.
There is a shared passageway between the houses and a hedge dividing the gardens. This hedge was cared for by our neighbours but since new tenents have arrived it has not been cut and is now massive. The neighbour at the back of us has called the council about it who have had quotes to have it cut and taken out.
The council are now saying that they think the hedge is ours as it looks like the roots are closer to our side of the shared passageway than their property.
On the deeds the solicitor gave us when we bought the house it shows the boundries we are responsible for as the left and back of the property the hedge is on the right- surely we aren't responsible for all of them?
I said this to the man from the council and he said that the hedge wasn't necessarily the boundry.
I get the feeling that they are trying to pass the buck, if it's our responsibility we'll get the work done but I don't want them to take us as fools.
Has anyone got any advice?

[dot.haukes]

let the council pay their solicitor to prive it is yours

[bednobs]

even if it's the neighbours responsibility to maintain that boundary, if the hedge is on your side of the boundary it would be classed as yours

[Beauj]

mamatwo, hear what you are saying and know 100% what your going through - - I had same problem.

1st - It is right to say that the 'hedge' it'self dose not define the bounardy line, only your 'Deeds' will show that.

2nd - Whoever planted the hedge, is the owner and can do with it what they which. I.e., if the owner before you planted it, then it is of course yours now.

3rd. - The previous tenant who always cut it, may have only done so because they 'Liked doing it', but that never made it theirs per se.

4th - If You are happy for the Council to remove it, or whatever they want to do, then let them.

However, you must consider this, and it is not the fact that you are the 'Fool' in the matter, - by no means! BUT

5th - If you feel, for the sake of the aesthetics, of your own arear / outlook, then cut back, whatever is growing on your side. & even go that bit bolder and cut it down to the size you would like it to be!

The 5th option is entirely yours, and if you take this one, then no-one can make you put it all back!! Furthermore, by the time they all argue the toss among themselves, you are looking at an eye-sore! Right??

You will never be the 'Fool' if you are simply sorting out your own aspect! Good Luck in whatever you decide! Even if you cut it back yourself and hit the neighbour & Council with YOUR Bill for doing the work!!

Ask all parties concerned the following question: "Should there be a storm, and this 'hedging' damaged property, then who is responsible for the repair bill!? " I think you know what the answer will be!! - - - Won't be the Council for a start!

[cassa333]

The person who paid for or planted the bush doesn't automaticly have ownership over it.

I could plant a boundry hedge on my neighbours land and deeds not withsatnding, the hedge effectivly becomes my neighbours and I can only trim back any overhang of the boundry. If my neighbour did not give me permission to go onto their land then how would I retake ownership?

You can download the deeds for your and your neighbours house to see what they say.

[Beauj]

cassa - take it then that the neighbour gave you permission in the first instance to go onto their land and Plant the hedge??

& from where exactly, does one 'download' deeds, eh??

Take that would be free of charge also??