My neighbour and I have decided to replace an existing old hedge with either a wall or a fence. What are the pros and cons? We wonder how the measurements are taken so as not to encroach on each other’s properties. Is it taken from the dividing line between the two houses, and is it then a straight line running down the length of the garden from it? We are anxious that we might create problems for the future if we get it wrong now.
You are wise to consider the boundary location before removing the existing hedge. Many boundary disputes arise because of different interpretations of the original boundary feature location. Hedges are problematic in this respect, as following removal the properties are left with an excavated or significantly disturbed area of ground with little or no evidence to facilitate the accurate marking out of the replacement wall or fence.
You have the advantage that you and your neighbour are co-operating – a requirement when dealing with a boundary issue.
In relation to the pros and cons of either a wall or a fence, the advice is that a concrete block wall, while likely to be more expensive to construct, is more durable and requires relatively little long-term maintenance. There are multiple options for fences, with varying costs and maintenance requirements. Timber fences require frequent treatment against weathering.
In relation to the measurements it is advisable to first verify that the line of the existing hedge agrees with your deed map. If the title to your property is registered, you should also check the boundary as indicated on the Land Registry map. While this map is nonconclusive, a significant difference in boundary location may necessitate a deed of rectification.
The deed map shows the definitive boundary line of your property as intended at the time it was executed. However, if the hedge has been in a different position for many years and has been accepted accordingly as the boundary between your respective properties, it is likely to have become the “settled boundary”.
Your first on-site action should be to jointly inspect the hedge with your neighbour to determine if there are remains of original fence posts or railings along which it was planted. If such features exist, they define the boundary line. If not, a reasonable interpretation of the centre line through the stems of the hedge at ground level may be accepted, and agreed on, as the boundary line. You should mark this agreed line at a number of locations, within the hedge, with marker posts. You should then place offset marker posts at measured locations to one or both sides to facilitate marking out the new wall/fence line. These should be placed at secure points clear of the area required for work to remove the hedge and prepare the ground for a wall or fence. You and your neighbour should make a sketch and record all your measurements. After removing the hedge, the line for the new wall/fence is determined by measuring back from the offset posts. If constructed on the marked-out line, it will be a party (shared) wall/fence. It is a matter of agreement between yourselves if you wish to move it to the dividing line between your houses.
It is advisable to formally record your agreement, through your solicitors, if you change the boundary alignment, or if there is a significant difference with the deed map or Land Registry map, as this may prove problematic in the event of the sale of either property. – Patrick Shine
Patrick Shine is a chartered geomatics surveyor, a chartered civil engineer and a member of Society of Chartered Surveyors Ireland, scsi.ie
