If you live in a neighborhood dotted with gardens, chances are you've probably come across an overgrown hedge or two. Now usually, you'd take to clipping them down immediately and giving them a manicured finish but trouble arises when they're simply not yours to trim.
Typically, neighbors are sugar, spice, and all things nice until you take to pruning their garden without their permission. And sure, the logic is sound when their hedges are creeping onto your side of the fence but is it actually legal?
These boundaries, especially if you have fast-growing hedges for privacy, will need a little trim every now and then, but here's what you should know before you get your hedge clippers out and take matters into your own hands.
Can you cut your neighbor's hedge If it's growing into your garden?
In conversation with Dan Brill, lawyer and the founder of Brill Law Group, he tells us that he has handled numerous cases involving property disputes between neighbors, and has seen firsthand how something as seemingly simple as an overgrown hedge can quickly escalate into a bitter legal battle.
"From a legal standpoint, the question of whether you can cut your neighbor's hedges largely depends on the specific laws and regulations in your state and local jurisdiction," he notes. "In Connecticut, for example, we have what's known as the 'divisional fence' statute, which requires adjoining property owners to share equally in the cost and maintenance of any fence, hedge, or other boundary marker that separates their properties."
Under this statute, Dan explains that if your neighbor's hedge has grown onto your side of the property line, you generally have the right to trim it back to the boundary line at your own expense. However, he warns that you must be careful not to damage or destroy the hedge in the process. "Any accidental damage could potentially expose you to liability for property damage or even criminal charges for trespassing or vandalism," he says.
So it's important to check your local laws before chopping any living privacy fences to make sure you're not legally liable in any way.
What to Do if Your Neighbor's Hedge is Overgrown
Instead of jumping at the opportunity to clip your neighbor's hedge that may be overgrowing into your backyard, Dan recommends attempting to communicate with your neighbor in a friendly and respectful manner. "Explain your concerns about the overgrown hedge and see if you can come to a mutually agreeable solution, such as sharing the cost of hiring a professional landscaper to trim it back," he suggests. "In many cases, a simple conversation can resolve the issue without the need for legal intervention."
Michael Clarke, planting expert at Yardwork, also finds that reaching out and being neighborly is the best way to get the problem sorted. Sharing a similar sentiment to Dan, Michael also points out that while homeowners can legally cut their neighbors' hedges up to their own property line, it's a good idea to check property surveys.
"This way you can make sure that you cut only up to your side of the property line and that there are no disputes based on how the property line runs and how much you are able to cut back," he says.
It's advisable to only resort to cutting them if your neighbor is unresponsive, however, in extreme cases where the hedge poses a serious safety hazard or is causing significant damage to your property, you can take legal action. "You may need to file a lawsuit seeking a court order requiring your neighbor to remove or trim the hedge," advises Dan. "However, this should always be a last resort, as litigation can be costly, time-consuming, and emotionally draining for all parties involved."
Gardening buys for clean hedges
FAQs
When is a good time to cut a garden hedge?
Garden hedges are usually perennial plants, meant to border your home through the year. So they usually thrive across all seasons and require regular pruning for proper upkeep.
It's advisable to prune your gardens as soon as they start to overgrow or prosper out of shape. This will keep your home looking neat while also saving you from having your neighbor awkwardly reach out about an overgrown hedge.
Where is the boundary line in a hedge?
Generally, the boundary of a home is said to be measured by the property line that wraps around your home. This is usually where the span of your property ends and the next one begins.
However, to avoid any unnecessary confusion, it's best to consult a property surveyor and have them outline the exact dimensions of your home and the precise boundary line to abide by.
Whatever you choose to do, be sure to treat your privacy trees with the same respect you expect from your next-door neighbors to avoid being on the other end of the problem.
And yes, you may be legally allowed to trim the overgrown hedge to your property line, based on your local laws. However, it's not a great idea to do so without speaking to your neighbor first.
Who knows, they may surprise you and it might even turn into a peppy little anecdote over a budding friendship.
