Boundary issue - insurance advice

[Neighbourfallingout]

Hi all

Our Nextdoor neighbour is taking us to court for removing a hedge (we say is ours), restricting access to their house (we deny this) and trespass on their property (we built a wall whrr Er e hedge stood).

They had a surveyor report done to back this up.

I’m worried sick our insurance won’t cover as is a trespass claim against us.... DH thinks we will be fine as have done nothing wrong.

Any advice

*where hedge stood

Have you asked your insurance whether they will cover you?

Yes, we had to submit a claim, waiting to hear back now.

I know we need to be patient but was hoping for any advice from others in a similar situation on the meantime.

Well what do the deeds say?

Deeds are inconclusive as shoes the line but not to scale we need

Shows.

Neighbour did dispute it before we did work but DH was adamant he was right

Did the deeds not show who owned the boundary even if u could work out the placement of the hedge?

No it says they maintain the boundary to the right (this one) but DH says the hedge is fully within our garden. You can’t tell from deeds

No real advice really. Following with interest as may find ourselves in similar situation.
We have had a planning officer visit us from the council who advised firstly look at deeds, speak to neighbour, if no joy you then need a surveyor, if still can’t agree you may need to go to court. It’s extremely costly and a true boundary down to a millimetre/centimetre is virtually impossible to ascertain. If we can’t agree a judge will decide for us... that’s what we have been told anyway. I am not saying this is written in stone by the way. Nothing was mentioned about insurance....

It's unlikely they would be charge of maintaining it and you weren't if they didn't own it.....

You aren't given responsibility for something that belongs to someone else.

I’ve heard can be very costly to go to court On this. If insurance won’t cover, we could be liable for thousands and depending on outcome need to put compensation.

Has anyone got experience of defending a trespasser claim through insurance?

I'd let your DH deal with it then and try not to let it worry me. Walls are expensive, legal rights over boundaries even more so. If your insurers say it's not covered or advise you to settle/carry out rectification work and your DH doesn't agree then he's an idiot as it could be very expensive legal fight. If you all agree, it can go to a very senior surveyor to arbitrate. I used to work for one and so often the upshot was that both parties were half right because documents were inconclusive and you couldn't tell what the set should be on the ground. The key was finding an outcome both would be happy with.

It's obviously more complicated than you've set out here, but is the crux that you think the boundary line runs in one place and they think it's somewhere different and your structure, the wall, encroaches on their property?

Legal fights, not rights

Am sorry, not meaning to drip feed at all but yes that is the crux.

Ummm if insurance won't cover you then I would say you don't have a clear cut case. If that's the case replace the hedge and say sorry. People lose their homes over these sorts of ridiculous disputes.

A friend of a friend won a boundary dispute, it dragged on for about two years and neighbour was liable for their costs, it did cost thousands.

Why would they maintain your boundary?

Sounds like your DhH is in the wrong here, to me.

We would have to take down a retaining wall also. I’d imagine the next door would replace as can’t have nothing.

Am so cross at DH as he didn’t get a party wall agreement in place but is maintaining we didn’t need one as filly on our side of boundary?

@BoudiccaD

Why would they maintain your boundary?

Sounds like your DhH is in the wrong here, to me.

Because we think is our hedge to the right of the boundary line

Why would they need to maintain a hedge that you own, that’s fully inside your boundary?

How is DH so certain that it is fully inside your boundary, if the deeds don’t show? Does he have any evidence at all?

I can see why you’re nervous! On the face of it, it seems that your DH is wrong.

It would mean they would have to go on your property to maintain it.

It was their hedge.... I would try and resolve this as amicably as possible. And fast

But we think the hedge is fully in our side. The edge of it was the boundary not astride it iyswim?

That seems v unlikely.... and u have no proof if the picture of the deeds isn't clear enough and the maintenance was their responsibility not yours

Why would they be given the responsibility legally to maintain your hedge on your property?

They weren’t. The deeds from when the houses were built say they have to maintain the one on the right. We think that a hedge was then grown in our garden.

Bump for anyone with insurance advice? HHS anyone been covered to defend against trespass claims?