I moved into our property in 2006. The boundary at the bottom of our garden borders onto a public footpath. Also exactly on our border at the bottom of the garden is a very large oak tree that has a preservation order on it.
When we moved into the property our solicitors made it clear that the oak tree was on our property and it was our responsibility. They gave us a copy of the preservation order on completion of our purchase. The land registry deeds show that the tree is exactly on or straddles our boundary. When we moved in the boundary was formed by a hedgerow with the oak tree right in the middle of the hedgerow.
About 4 years ago, we wanted to erect a fence to give us more privacy from the public footpath and because we have a couple of dogs. We started to erect a fence leaving the hedgerow and oak tree clearly within our boundary.
At the time someone (presumably a neighbour) must have contacted the local council because we were working around the tree. A representative of the council (we think it was a tree arborist) came to our property to ask what we were doing.
We explained we wanted a fence erected for more privacy, but we were putting the fence behind the oak tree as the actual boundary probably ran straight through the oak tree and it was difficult to pin a fence to the trunk or dig holes for posts because of the roots.
The arborist from the council verbally said this should be ok so long as the public footpath was not compromised or obstructed by the fence. So we erected the fence with the oak tree and hedgerow within the fence and on our property.
In the process of erecting the fence we actually made the footpath clearer and tidier as most properties that bordered the public footpath allowed hedgerows to overgrow.
We though nothing more of this until I have just received a letter from the local council. Remembering that the fence was erected 4 years ago, the letter states that 'Your property appears to have been extended beyond the original land boundary (hedgerow) and is now an illegal obstruction to the public footpath. Whilst recognising that this matter may have been the result of a misunderstanding the Council has a legal duty, and associated powers, to ensure the extent (width) of public rights of way are protected from encroachment. For this reason I am afraid we will require the removal of the fence back to the boundary of the footpath, i.e. in line with neighbouring fences.'
I called the Countryside Access Officer who the letter came from. I asked why 4 years after the fence was erected has this come to their attention. It has come to their attention from a complaint by a neighbour but he reuses to tell me who this is.
My first question is surely I have a right to know who has complained and on what grounds that have made the complaint.
I also mentioned that when the fence was erected, someone from the council had given us verbal approval that we could go ahead. I can't remember a name and I'm guessing there will be no record of this.
If the reason we have received this notification is that the fence creates an illegal obstruction, it clearly doesn't because in places the footpath is narrower from hedgerow and other property fence leaning into the footpath.
The footpath is five and a half feet wide and easily wide enough for a pram or pushchair of even a wheelchair, so I don't understand what illegal obstruction it causes. The real problem is the huge oak tree with a preservation order.
I have always been led to believe this is within the boundary of my property. If it is then I have erected a fence as close to it as I possibly can.
I'm thinking of going back to my solicitor who did the conveyancing when we bought the property but if anyone can advise me where I stand I would be grateful.
When we moved into the property our solicitors made it clear that the oak tree was on our property and it was our responsibility. They gave us a copy of the preservation order on completion of our purchase. The land registry deeds show that the tree is exactly on or straddles our boundary. When we moved in the boundary was formed by a hedgerow with the oak tree right in the middle of the hedgerow.
About 4 years ago, we wanted to erect a fence to give us more privacy from the public footpath and because we have a couple of dogs. We started to erect a fence leaving the hedgerow and oak tree clearly within our boundary.
At the time someone (presumably a neighbour) must have contacted the local council because we were working around the tree. A representative of the council (we think it was a tree arborist) came to our property to ask what we were doing.
We explained we wanted a fence erected for more privacy, but we were putting the fence behind the oak tree as the actual boundary probably ran straight through the oak tree and it was difficult to pin a fence to the trunk or dig holes for posts because of the roots.
The arborist from the council verbally said this should be ok so long as the public footpath was not compromised or obstructed by the fence. So we erected the fence with the oak tree and hedgerow within the fence and on our property.
In the process of erecting the fence we actually made the footpath clearer and tidier as most properties that bordered the public footpath allowed hedgerows to overgrow.
We though nothing more of this until I have just received a letter from the local council. Remembering that the fence was erected 4 years ago, the letter states that 'Your property appears to have been extended beyond the original land boundary (hedgerow) and is now an illegal obstruction to the public footpath. Whilst recognising that this matter may have been the result of a misunderstanding the Council has a legal duty, and associated powers, to ensure the extent (width) of public rights of way are protected from encroachment. For this reason I am afraid we will require the removal of the fence back to the boundary of the footpath, i.e. in line with neighbouring fences.'
I called the Countryside Access Officer who the letter came from. I asked why 4 years after the fence was erected has this come to their attention. It has come to their attention from a complaint by a neighbour but he reuses to tell me who this is.
My first question is surely I have a right to know who has complained and on what grounds that have made the complaint.
I also mentioned that when the fence was erected, someone from the council had given us verbal approval that we could go ahead. I can't remember a name and I'm guessing there will be no record of this.
If the reason we have received this notification is that the fence creates an illegal obstruction, it clearly doesn't because in places the footpath is narrower from hedgerow and other property fence leaning into the footpath.
The footpath is five and a half feet wide and easily wide enough for a pram or pushchair of even a wheelchair, so I don't understand what illegal obstruction it causes. The real problem is the huge oak tree with a preservation order.
I have always been led to believe this is within the boundary of my property. If it is then I have erected a fence as close to it as I possibly can.
I'm thinking of going back to my solicitor who did the conveyancing when we bought the property but if anyone can advise me where I stand I would be grateful.
Boundary issues with local council
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