Q. I am buying a house that has a red Royal Mail postbox in its boundary hedge. The Land Registry plan shows that the box is clearly within the boundary of the property I want to purchase and I’m concerned about the legal implications.

For instance, is the Royal Mail responsible for trimming the hedge around the postbox to keep it accessible, or am I? Indeed, are there any circumstances in which I would be liable if someone injured himself using the postbox? Suppose a branch of my hedge cut a user’s eye while he posted a letter, could I find myself being sued? Do I receive any revenue from the postbox being situated on my land? Can I ask for it to be removed? My conveyancing solicitor has been unable to shed any light on this matter.

A. Technically, in your hedge is something that the Postal Services Act 2000 describes as a “universal postal service letter box”, but we had better just call it a postbox. There are now quite a few on private land, especially since many old post offices have been converted into houses.

As far as old postboxes are concerned, the position depends on what has happened over the years. Sometimes the postbox will be there with the express permission of one of the previous owners, but unless your solicitor can find the old agreement, this will not get you very far. If the postbox was on the land without permission for at least 12 years before October 2003, the Royal Mail could (at least in theory) be treated as a squatter and it may have acquired the land on which the postbox stands by adverse possession.

It is a criminal offence to damage a postbox or to commit a nuisance “in or against it”, but there is no positive obligation on you to keep it clear for the public. It is always your responsibility to trim your hedge, but it is highly unlikely you would be liable for injuries caused to anyone coming onto your land to use the postbox. They would not be treated as a “visitor” under the Occupiers Liability Act 1984 and you merely owe the duties to them that you would, for example, owe to a burglar. You would only be in trouble if you were aware of the danger of injury and failed to take reasonable steps to prevent it happening.

All this may well be academic, however. The Royal Mail tells me it has a policy of not having postboxes on private land and that it will remove any box if you ask. It can easily put a new box on public land since it has the statutory rights. It is highly unlikely therefore you will get any rent for your box.

Mark Loveday is a barrister at Tanfield Chambers (020-7421 5300). E-mail your questions to: property.consumer@thetimes.co.uk

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