Our gardens are often an extension of our living space, with many choosing to sit outdoors to relax, dine al fresco and host friends and family. So, it can be rather frustrating when our neighbour’s hedge starts to encroach on our outdoor space.
Even though some of the best fast growing hedges can provide much needed privacy between your property and another, they can quickly get out of hand if they’re not adequately cared for, which is when tensions often start to rise.
‘If you’ll excuse the pun, this is a particularly thorny issue and one that causes many neighbourly disputes,’ says John Roberts, Partner and Director of Austin Lafferty Solicitors. But what you can do legally, when it comes to dealing with a neighbours hedge that's growing out of control causing a nuisance in your garden? Well, we asked the experts exactly that and they’ve shared their guidance with us below.
It is worth remembering that ‘an overgrown hedge to one person could be a haven for nature, privacy-screening, or a much-loved garden feature to another,’ John adds. So, while tempers can sometimes flare when it comes to negotiating with your neighbours, it’s always best to try to remain on good terms with them and resolve things amicably, if you can.
And as John points out, ‘if a hedge is substantially reduced, you may be seeing more of your neighbours than you had anticipated,’ so it’s good to be as friendly with them as you can.
But if you can’t come to an agreement, you’ll also want to know where you find yourself when it comes to a legal standpoint.
Frustratingly the rules and regulations can vary from postcode to postcode, with certain laws only being applicable in certain parts of the country or local councils advising and dealing with complaints in different ways. So, we will do our best to address the key factors to bear in mind.
What is the law on cutting hedges?
There are actually a few different laws to be aware of when it comes to cutting either your own hedge or part of a neighbour’s hedge. Generally, ‘by law, you can trim a hedge or tree that crosses over into your property but you are only permitted to trim it up to the property boundary and must not cut any of the tree or hedge that falls within your neighbours property,’ Chris Bonnett, Founder of GardeningExpress.co.uk, advises.
As soon as you start cutting beyond the boundary line, this is when it could ‘potentially lead to criminal damage charges, especially if it causes harm to the hedge or affects the neighbour’s enjoyment of their property,’ Georgina O'Grady, Managing Director at Evergreen Direct, agrees.
For the overhanging parts of the hedge that you do cut off, those ‘branches actually belong to your neighbour, and you’ll need to ask first if they want them before disposing of them,’ admits Fantastic Gardeners' Gardening Expert, Radek Babicek. However, ‘they are not obligated to take them and you will then have to dispose of them yourself,’ adds Thomas Goodman, MyJobQuote.co.uk’s Property Expert.
And for those who live in England, there is an additional law when it comes to cutting hedges more generally, for six months of the year, which you may or may not already be aware of. Essentially, between the 1st of March and the 31st August, the UK government has imposed a hedge cutting ban to protect nesting birds.
This same law also introduced a two metre ‘buffer strip’ from the centre of hedgerows, where no cultivation or application of pesticides or fertilisers should take place during the same window of time each year
In addition to this, ‘if you live in a conservation area, you may need special approval from your local council to do any hedge work in your area, even if it is within your boundary,’ says Morris Hankinson, Director of Hopes Grove Nurseries.
What is the legal height of a hedge between neighbours?
Now this is where it can get a little tricky. While there is no legal height restriction on garden hedges, any hedge over two metres in height which obstructs your or your neighbours' light or view, can be complained about to your local council. This is because the high hedge could be deemed a nuisance under the Anti-Social Behaviour Act 2003. In Scotland, this is the High Hedges (Scotland) Act, while in Wales it is known as the Antisocial Behaviour, Crime and Policing Act 2014. But all three tend to have similar rules.
However, ‘the council is unlikely to accept your application for a High Hedge Notice unless you've tried to sort it out with your neighbour first,’ according to the Garden Experts at Yell. They will also not intervene at all when it comes to hedges under two metres tall. But non-compliance of their rulings can lead to fines of up to £1,000, so it could be a route to go down if you aren’t getting anywhere by talking to your neighbours.
‘They will want to know that you have tried all other means to resolve the dispute before intervening,’ Thomas suggests. For example, ‘an independent mediator can help if your neighbour is reluctant to talk to you and they can help to communicate between the two parties. In the event that mediation fails, you can then approach the council to see if there is anything they can do.’
FAQs
Who owns the hedge between two properties?
Now, this all depends on the boundary between yours and your neighbour’s properties. ‘If there is any doubt about who owns a hedge, the first port of call should be the property’s title deeds, a copy of which will be amongst the paperwork when you bought your property,’ John explains. ‘Alternatively, you can request a new copy from the Land Registry. This should indicate who has ownership or whether the boundary is shared by both parties.’
And ‘if you have a hedge that is considered a shared party wall you must give each other notice if you plan on trimming it,’ Chris warns.
Whose responsibility is it to cut the hedge?
If the hedge is on your neighbour’s property, they are the ones who are required to cut it but since they can’t legally come onto your property to trim or cut this side of it, as long as it is on your side of the boundary, you can do the upkeep yourself.
‘It is, however, your neighbours responsibility to cut and trim any hedges and trees so they do not damage your property,’ Chris admits. If their overgrown tree or hedge does cause damage to your property, your neighbour may be liable when it comes to paying for any damage which has been caused.
