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

How old are the houses and when was the hedge planted? Can you ask the previous owners/other neighbours if they know anything about who planted it?

Just wondering if you have the old concrete posts with the wire running through?

If they were disputing it prior to doing the work, then it's pretty stupid not to sort it out before doing it. Where did you think it would get you?

Your DH should have looked into this properly. You need a party wall agreement even if you are are making alterations well within your boundary. I think it is something like 2 metres, but I am not sure.

The only way to tell where a boundary runs is by reference to fixed points, e.g. does it follow the line of the party wall which divides two semi detached houses or is it in line with the external wall of a building, or a road, or some geographical feature, etc. You can't convert the boundary line on a plan to a particular thickness on the ground either. Can you post a redacted title plan marking on where the hedge was and where the wall is?

www.realhomes.com/advice/party-wall-agreements-know-the-rules

As others have said, it was risky to proceed with replacing the hedge given the neighbours' reaction. You should always proceed with caution when doing anything near a boundary because they are often unclear, especially with older properties.

If you are able to post a diagram, that might be helpful. Also if it is a more modern house, boundaries tend to be more accurate and looking at neighbouring properties' title plans may help.

Also, on Google Earth you can find historical satellite images of houses - might indicate if the boundaries have moved.

Or the previous owners may be able to clarify?

Do you have an ariel view of your property? It might help us see the previous hedge placement?

When you say you built a wall do. You mean you've built an extension up to the boundary?

Unless there is evidence to the contrary, boundary lines in England and Wales are assumed to run down the centre of hedges. If you have removed the hedge, and replaced it with a new boundary marker on the far side of where the hedge was, you are taking part of your neighbours land.

It is also an extremely bad idea to go ahead with boundary work, when the neighbour has a strong case for disputing it. You may well have to completely replace your replacement boundary in this instance.