We have a situation where our neighbour wishes to rip down a 50 year old hedge which has been the dividing boundary on the front of our property for all of that time - going through 4 different owners of the property next door. We have just had a surveyor peg out the side boundary and the hedge is in fact on the neighbours land but only a maximum of say 450mm from the boundary line. Our question is, how far is too far away from the boundary line? They want to rip down the hedge and lower their side of the boundary and put up a retaining wall so they can put their bins up the side of the garage and then put up a fence. We would appreciate some feedback on this! Thanks!
NSW Dividing boundary hedge
- Thread starter NicolaB333
- Start date
If it's on their land, then it doesn't much matter how far inside their boundary it is.
Not does it matter very much how much you like the hedge, rather than a fence.
Check with your Council about whether or not the Council's tree preservation regime applies to the hedge.
Given age and maybe size, there might be (Council) rules that require them to get permission to cut it down.
That means an application, to which you can object on the ground of a loss of amenity.
Further, check what the Council's rules are about any permission they need to build a new fence.
Bear in mind also that you may be liable for half the cost of a fence.
Another suggestion, although it's pretty out there, is... why not transplant the hedge onto your land?
Not does it matter very much how much you like the hedge, rather than a fence.
Check with your Council about whether or not the Council's tree preservation regime applies to the hedge.
Given age and maybe size, there might be (Council) rules that require them to get permission to cut it down.
That means an application, to which you can object on the ground of a loss of amenity.
Further, check what the Council's rules are about any permission they need to build a new fence.
Bear in mind also that you may be liable for half the cost of a fence.
Another suggestion, although it's pretty out there, is... why not transplant the hedge onto your land?
Thankyou for your reply Tim. My question actually was - what distance can a dividing boundary fence be from the actual boundary before it cannot be deemed a boundary fence. As a fence can be many things, wall, fence, hedge etc - so I don't know under NSW law when it is no longer deemed a legal dividing fence - especially given that it has been that way for as long as it has? Or are these issues looked at individually and there's no "set" distance for such situations. With regards to transplanting - the hedge trunks are on the neighbours land and the front face of it is on ours - as they're quite broad. so again - a difficult situation!
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