Any issues with widening gateway/cutting into hedge

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Any issues with widening gateway/cutting into hedge

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roobarb

Joined: 15 Apr 2008
Posts: 139
Location: Carmarthenshire

Posted: Sat May 04, 13 9:23 am Post subject: Any issues with widening gateway/cutting into hedge

We've been approached by our neighbouring farmer, who wants to widen one of his gateway's, which would mean cutting into one of our hedges/banks. He has shown us what he wants to do, and it impacts on relatively little of our hedge/land, in all no more than a metre or so of hedge/bank. We've no problems with this because it's a bit of hedge/land which is just scrub, and right at the end of our field so has no impact on us particularly. He said he would put in place a new hedge/bank (plant up with hedging etc.) and while that is growing put a stock-proof fence in place.

He also asked how much we would want for it - which threw us a bit, as it is such a small amount of land it has little monetary value. However, we can see that some monetary compensation may be in order. We were thinking ï¿½100 - does that seem reasonable?

Are there any issues that we should raise? Because it is such a small area of land it we really don't think it needs to involve solicitors/land registry etc.

Any thoughts?

Midland Spinner

Joined: 13 Jan 2009
Posts: 2931
Location: Under a green roof

Posted: Sat May 04, 13 9:29 am Post subject:
It might affect the boundaries which could be a problem when / if you come to sell. Don't assume that just because it's a small piece of land it doesn't need legal advice. At the very least I'd ask a solicitor whether it's something they'd quote for.

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Sat May 04, 13 9:59 am Post subject:
Are you intending to sell him the land, or keep him and let him have access? What happens if he moves away and your new neighbour is a git you fall out with? Or, if you wish to sell and have to declare that part of your land is driven over every day? I'd speak to a solicitor, and get it drawn up. Needn't cost much, and as he's offering to pay, it keeps everything emotion free at a later date.

spuds

Joined: 19 Mar 2009
Posts: 18
Location: Newton Abbot

Posted: Sun May 05, 13 6:33 am Post subject:
roobarb try your question on this site www.gardenlaw lots of info on this site

Rob R

Joined: 28 Oct 2004
Posts: 31902
Location: York

Posted: Sun May 05, 13 7:57 am Post subject:
As others have said, it definitely needs to be drawn up legally, but how much area are we talking about, in square metres?

roobarb

Joined: 15 Apr 2008
Posts: 139
Location: Carmarthenshire

Posted: Wed May 15, 13 1:02 pm Post subject:

After all this, the farmer has widened the entrance more from his side, so doesn't need to touch our hedge for now. However, he has sold the silage in the field, which will mean large tractor/trailers using the entrance (hence his reason for widening it), so he may yet still come back to us to move the hedge a bit.

I probably didn't make it very clear that it is just improving the "splay line" (is that the right term?) from our direction into his entrance, so it will affect only 1-2metres of hedge, moving it in by less than 1 metre - hence why we don't think it needs the boundaries redrawing. (Given the red lines on the land registry maps are thick enough to equate to a few metres in themselves, this change to the boundary line is pretty meaningless from their perspective I would have thought).

Mistress Rose

Joined: 21 Jul 2011
Posts: 16114

Posted: Thu May 16, 13 8:36 am Post subject:
Judging by the accuracy of the land registry, and now the rural land registry which is even worse, no it won't make a lot of difference. I would still be inclined to see if a solicitor advises any legal aggreement though. Your own solicitor should be able to advise on this over the phone for minimal cost.

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