UKTC Archive

RE: Ownership of Devon hedges

Subject: RE: Ownership of Devon hedges
From: Moore, Kevin
Date: Feb 13 2001 16:29:46
Rupert

I find myself interested in your comment about maintenace of a hedge at
common law to be the 'responcibility' of 'his/her' side.

I was of the opinion that there was an ability for a neighbour to cut back
enchroachment (we all know the relivant case law) but not, as you seem to
imply a duty or onus to do such? if that is the case why then given that
notice is served in an appropriate fassion might a neighbour be able to
claim such costs reasnobly incured in cutting back?

If you have some case law or referance to clarify this point i would be most
gratful to recieve it.

thanks very much


Regards
Kev Moore


-----Original Message-----
From: Baker, Rupert [mailto:Rupert.Baker@xxxxxxx.gov.uk]
Sent: 12 February 2001 10:15
To: UK Tree Care
Subject: RE: Ownership of Devon hedges


Dear Chris,
        Here's my understanding - for what it's worth.  The ownership of the
hedge will be according to the deeds; and if noindication is given, then we
generally assume either a) that its 50-50, to the middle - or b), if on a
slope, that it is the responsibility of the owner whose land it is retaining
- as per party walls act etc.  this latter would only apply if there is
considerable arrishing - ie the land one side is higher than on the downhill
side.  As to maintenance, its standard common law - each party maintains
his/her side, and the top is the responsibility of the owner.  Not a lot of
use, but there its is - oh and the deeds are almost invariably silent on
such matters.
Best wishes Rupert

        -----Original Message-----
        From:   Chris Hastie [SMTP:c.hastie@xxxxxxxxx.co.uk]
        Sent:   08 February 2001 18:57
        To:     UK Tree Care
        Subject:        Ownership of Devon hedges

        Does anyone know of any commonly accepted principle or legal
precedent
        for ascertaining who owns a Devon hedge if no indication is given on
the
        deeds?
        -- 
        Chris Hastie


        The UK Tree Care mailing list - http://uktc.oak-wood.co.uk/
        To unsubscribe send mailto:unsubscribe-uktc@xxxxxxxxx.co.uk

The UK Tree Care mailing list - http://uktc.oak-wood.co.uk/
To unsubscribe send mailto:unsubscribe-uktc@xxxxxxxxx.co.uk


_____________________________________________________________________
This message has been checked for all known viruses by the MessageLabs Virus
Control Centre. For further information visit
http://www.messagelabs.com/stats.asp

The information in this e-Mail and any attachment(s) are intended to be
confidential and may be legally privileged. Access to and use of its
content by anyone else other than the addressee(s) may be unlawful and
will not be recognised by Thurrock Council for business purposes. Thurrock
Council cannot accept any responsibility for the accuracy or completeness
of this message as it has been transmitted over a public network.

Any opinions expressed in this document are those of the author and do
not necessarily reflect the opinions of Thurrock Council.

Any attachment(s) to this message has been checked for viruses, but please
rely on your own virus checker and procedures.

If you contact us by e-mail, we will store your name and address to
facilitate communications.
____________________________________________________________________
This message has been checked for all known viruses by the MessageLabs Virus 
Control Centre. For further information visit
http://www.messagelabs.com/stats.asp
######################################################################
   Your message could be here...

   To find out about advertising on the UKTC visit the website at 
   http://uktc.oak-wood.co.uk/advertise.htm
######################################################################

The UK Tree Care mailing list - http://uktc.oak-wood.co.uk/
To unsubscribe send mailto:unsubscribe-uktc@xxxxxxxxx.co.uk