By Victoria Brenan Assistant News Editor. Work out problems involving noise, untidiness, dogs, fences, trees, second-hand smoke, water damage, and trespassing. Classification of a protected tree will vary among councils and may include specimen trees above a certain height, native vegetation, or even "blanket protection" of … Read more about complaining to your council about a high hedge. I think I once spoke to the Land Registry who agreed there are no defined markers for the boundary so take it as the centre line of the hedge. CURRENT ADVICE on using the High Hedges Law. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line; decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. Your Local Authority can also advise on Tree Preservation Orders and other legislation that may affect the plants on your property. We use this information to make the website work as well as possible and improve government services. Index at top of this page but please read the below entry first. He decided it was too high and that was that, didn't want to speak with me. We use cookies to collect information about how you use GOV.UK. There are no height limits for either hedges or trees and there is no legislation currently available in the Republic of Ireland to enforce a height restriction. However, you’re only allowed to trim the growth on your property. If the hedge owner is not willing to do anything about the hedge, tell them of your intentions to make a formal complaint – and keep written records of your discussions with your neighbour. Spruce up your house and add kerb appeal. If you have a property with hedge plants that you might not be able to maintain, you can seek professional help from local gardeners, but you may also wish to consider removing the plants and replacing them with less strenuous alternatives. If you and your neighbour disagree about a problem with a tree or hedge, it’s best to try to resolve things informally. The council will write to your neighbour requiring remedial action within a certain timescale. Land and Environment Court The tree/hedge must be on the land adjoin­ing the affect­ed neighbour’s prop­er­ty. If you need help with how to trim a hedge, my beginner’s guide is a must-read! This law applies if the hedge is a line of two or more trees or shrubs that are mostly evergreen or semi-evergreen, more than 2m tall and a barrier to light or access. my neighbour cut back my hedge and piled all the trimmed pieces in the entrance to my garden. If your neighbour builds a fence higher than the bylaw allows, you can talk to them about it. I think I once spoke to the Land Registry who agreed there are no defined markers for the boundary so take it as the centre line of the hedge. These records will be important when making your complaint and communicating with your local authority. Neighbours may disagree about where a fence can be built, what type of fence to build, or who should bear the cost of building or repairing a fence. Learn your legal rights and options if you have a problem with a neighbour. If you don't want to do this yourself you can ask a district court for an order for the trimming or even removal of the tree. However you cannot force your neighbour to trim a tree on their property, nor can you enter their property to trim the tree without permission. We were told that this Government would honour that commitment. Hedge wars - neighbour loses bid to get trees cut down. Law and Justice concept. The neighbour that owns the hedge must ensure that it is well maintained enough that it does not cause any damage to their own or their neighbour’s property, or grow too high. If you don’t know when to trim a hedge, I’ve got you covered! In the first instance, however, you should liaise with your neighbours to see if they can remove the excess height. (For ... pamphlet can, at present, also be obtained online. Nevertheless serious loopholes have been found and the review which was promised by the Labour Government in 2005 is long overdue. As a result the hedge isnt as thick as used to be and there a … If that becomes an issue, you might wonder if you can trim your neighbour’s overgrown hedge. My neighbour’s tree/hedge is far too high – what can I do? To find out more about me, visit my About Page. What you should know. Hedge wars - neighbour loses bid to get trees cut down. You need to follow our guides and troubleshooting adsvice if you are taking this course. Answer . Hedges should be under 2 meters tall ideally, and if a taller hedge is blocking out your sunshine or causing you to be unable to enjoy your garden for other reasons, then speak to your neighbour about cutting it to a more reasonable height. Whether a hedge is a fence matters because it can mean the difference between relief under the Property Law Act and the end of your ability to use a neighbour’s land. By trimming high hedges to within two metres, the task remains manageable and you can usually prevent things from getting out of control. He now wants to substitute a trellis-topped 6ft solid fence, insisting he has the right to remove the hedge. In all cases, try to liaise with your neighbours and work with them to achieve the best outcome. While this post is intended to shed some light on this subject, please be sure to seek professional guidance if you are having profound issues. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. The Council do not mediate in neighbour disputes. We have two issues: Issue 1 neighbour 1:We have a joint 4m heigh 3m wide hedge.The neighbour does not want it lowering, we are really struggling todeal with it.We reduced the width on our side, but our neighbour's gardener just cuts to the new middle opposed to the centre of the hedging trunks.We cannot get anyone to cut for us and it is simply dangerous.It is a Beech hedge and as it is … My garden and that of our neighbour is divided by a hedge. Now, an application can be made to the Land and Environment Court for orders concerning a neighbour’s tree or trees that cause or are likely to cause harm, or trees that form high hedges obstructing sunlight or views. See below - Government Publications (Your initial complaint about a neighbour's hedge MUST be made on the official forms provided by the council.) If your neighbour creates noise disturbances. Similarly, your neighbour can trim your hedge on their property if it is becoming an issue. The tree/hedge must be on pri­vate prop­er­ty in an urban zone. The same principles apply as for offering overhanging tree branches back. We each trim our own sides to about 4ft high. An owner of a hedge is responsible for it not damaging their neighbour’s property. Both must agree on major work, including removal, coppicing or laying. The per­son mak­ing the claim must be the own­er or occu­pi­er of the land that adjoins the land on which the tree or hedge is sit­u­at­ed. If the roots of a neighbouring tree or hedge are affecting your garden you should follow our advice about solving neighbour disputes generally. Is he entitled to do this? If you do more than this, your neighbour could take you to court for damaging their property. Let’s have a look at specific examples of hedgerow challenges and how you can address them: If your neighbours hedge is growing in width and encroaching on your space, you are entitled to trim any part of it that crosses your boundary. High hedges. However with light, regular trimming you should be able to train the plant to stay in a shape that fits the space, thereby achieving privacy and a nice visual aesthetic without too much effort. MacadamB53 Posts: 7296 Joined: Mon Dec 10, 2012 12:13 am Number of Posts per Page: 100 Number of topics per page: 50. Section 45 Land Conveyancing, Law Reform Act 2009. Andrew, I am not sure a neighbour would take kindly to having a hedge planted against a wall of a building. Hedge Trimming can involve power tools, fast moving blades, thorny plants and working at height, so it's important to know how to trim your hedges safely. Keep a diary of events if necessary. Still, there are still options to help you if your neighbour has planted a hedge which has grown too high and is creating a nuisance. In most cases this will not require a great deal of effort on your part, and if you can establish a regular trimming routine you will avoid any issues. When you have a disagreement with your neighbour about a tree, what you can do partly depends on who owns the tree. By law you are entitled to cut back the roots and growth of your neighbour’s hedges where they cross into your property, however you are not allowed to cut hedges on their property without permission. Re: Neighbour’s hedges. link to Okatsune 231 Hedge Shears - The Noble Warrior. The law makes provision for local Councils to determine complaints by owners or occupiers of domestic properties adversely affected by evergreen hedges … Fences serve many purposes. If they do damage your property, your neighbour may be liable. Hedges grow and if you live in close proximity to another house, you may find that their hedges will grow in your garden. And make certain that your neighbour (and future neighbours) know that it’s on your property. The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road. If a neighbour exercises the common law of abatement (e.g. ... Law and Justice concept. If you can trim the hedges, this is the simplest solution, but you may be entitled to seek your landlord’s support in dealing with overgrown hedges and trees on their property. These responsibilities will relate to water and utilities that enter your property and also to the hedges and fences that form the outer perimeter of your property. Neighbours must ensure that the trees don’t interfere with property and that they are … CEPR organises a range of events; some oriented at the researcher community, others at the policy commmunity, private sector and civil society: Contact your Local Planning Authority and ask for some information. All content is available under the Open Government Licence v3.0, except where otherwise stated, settle a dispute about a high hedge informally, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, 2 or more mostly evergreen or semi-evergreen trees or shrubs, affecting your enjoyment of your home or garden because it’s too tall. The hedge must be on land owned or occupied by someone else. If a neighbour's tree is blocking your light you cannot force them to cut it down. A boundary hedge is usually the joint responsibility of both neighbours. You might seek relief under the Property Law Act where you discover after many years, for example, that part of your drive way is actually on your neighbour’s property. Now, an application can be made to the Land and Environment Court for orders concerning a neighbour’s tree or trees that cause or are likely to cause harm, or trees that form high hedges obstructing sunlight or views. In practise, an unofficial agreement between neighbours is usually in place but this … If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. The general rule of thumb is that if a tree is on your neighbour's side of the fence, it's their responsibility to pay for any damages caused to your property. This is applicable where the trees have overgrown into your property, they are posing a danger to your property, infested trees or posing a danger to power lines. The law allows you to request a neighbour to cut trees when they are becoming a nuisance to your private property. Top. It is important to note that you are only legally entitled to trim up to the property boundary and no further. If you have any concerns about hedges and their impact on your neighbours, contact your local planning authority as they will give you specific advice in relation to your location. When this growth starts to impact on the wellbeing of others, it is up to you to remedy the situation. there is only 8 houses.i cant seem to find this law again. However, if a hedge belongs to one neighbour and is growing into next door's garden the next door neighbour is entitled to invite the owner to come round and give it a trim. With only 2 evergreens in amongst 12 trees altogether, high hedge law isn't a starter. If they want you to cut your tree or hedge just because they don’t like the way it looks, it’s up to you whether you do the work. If a Hedge is over two metres high, it is considered a high hedge and may be subject to local authority planning restraints. The hedge is not too thick, is kept tidy and is in a large garden so no problems with space. The tree/hedge must be on the land adjoin­ing the affect­ed neighbour’s prop­er­ty. In many cases, if your property is bordered with fences or walls, this may only require occasional work to prevent accidental harm to others, however with hedges it can take more work.eval(ez_write_tag([[970,90],'trimhedge_com-medrectangle-4','ezslot_5',115,'0','0'])); You are responsible for the condition of any plants that grow inside your boundaries, whether they are flowers, bushes, trees, shrubs or hedges. Should you trim past the property boundary, you may be liable to legal action against you for criminal damage. Our post on hedges and planning permission explains the steps you can take to avoid major disputes in this respect. Okatsune 231 Hedge Shears - The Noble Warrior. Before the Trees Act, a common law action for nuisance had to be taken in the Supreme Court. If your neighbour’s hedge exceeds this height, and they are unwilling to trim it themselves, you should contact your local authority who can take steps to get it cut back. We each trim our own sides to about 4ft high. The tree/hedge must be on pri­vate prop­er­ty in an urban zone. She was also ordered to pay the legal costs. Find the answer to this and other Property Law questions on JustAnswer. My neighbour's 'hedge' which sits right on the boundary line is about three metres high and cuts out much of the light - Answered by a verified Solicitor We use cookies to give you the best possible experience on our website. Your neighbour is responsible for maintaining hedges so they don’t cause damage to neighbouring property. The following scenarios If a hedge is encroaching on a neighbour's garden, the neighbour is entitled to trim the hedge themselves, but must return the trimmings to the owner, unless otherwise agreed. Post by MacadamB53 » Sat Aug 29, 2020 9:43 pm. I know my neighbour decided to cut my hedge without permission. He now wants to substitute a trellis-topped 6ft solid fence, insisting he has the right to remove the hedge. You must try to settle a dispute about a high hedge informally before the council can intervene. When exercising the right of abatement, neighbours must take care to comply with any applicable tree or vegetation protection orders. A hedge being trimmed (Image: iStockphoto). Also note that the council cannot order the hedge to be completely removed. You’ve accepted all cookies. The ‘Land Registry’ provides the general outline of a property instead of defining the extent of its boundaries and the boundary disputes arise from the imprecise marking and recording of land registration. If your neighbour builds a fence Local bylaws often control how high a fence can be, both natural fences, including hedges, and those built of wood, stone, or other materials. The hedge is not too thick, is kept tidy and is in a large garden so no problems with space. If you are unsure about neighbouring trees, consult your Local Authority. If they do damage your property, your neighbour may be liable. To help us improve GOV.UK, we’d like to know more about your visit today. You do NOT have to cut your hedge on your neighbour’s … My neighbour’s tree/hedge is far too high – what can I do? It is your responsibility to maintain your boundaries to ensure that they do not obstruct neighbours or the general public. Don’t include personal or financial information like your National Insurance number or credit card details. If hedges cause damage to property then the owner of the hedge is liable for paying for any repairs. You can change your cookie settings at any time. So much so they have cut into the hedge on MY SIDE of the fence by up to 18 inches in some places. We do not choose any old rubbish, and these links help us keep the lights on, so thank you for choosing to click with us! If the branches of a neighbour's tree hang over onto your property or tree roots from their tree grow through onto your property, the law says that you can prune or lop overhanging branches and cut invasive roots of a neighbours' tree. Neighbour tree and hedge disputes are often sensitive matters that can be difficult to resolve, especially if both parties do not know their legal position. But they can also lead to tensions and conflicts. Your neighbour now wants you to stop trespassing. You are free to cut back roots or branches that are within your property’s boundaries. The council can't make orders about tree or hedge roots, only the foliage. The hedge was not overly tall, if it was huge id understand but it wasnt. exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line; decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. Plants grow, and hedges are some of the most noticeable examples of what can happen if that growth is left unchecked. It is good practice to discuss your trimming plans with your neighbours so that they understand what you will do with their plant. If the hedge is just inside your neighbours' garden, they own it. It gradually emerged as the half of the hedge nearest us grew massively upwards and outwards whilst the other half was kept to the same height and width, that our neighbour was unwilling to pay for the whole of his hedge to be maintained . I'm Jamie and I started TrimHedge to learn about hedge trimming and topiary and share my findings with you. The Local Authority can take steps to force you to maintain or remove problematic hedge plants, although this is a last resort and you would be encouraged to seek mediation to resolve issues if they cannot be easily fixed on a casual basis. Mallet of the judge, books, scales of justice. If that becomes an issue, you might wonder if you can trim your neighbour’s overgrown hedge. Neighbours hedge along shared driveway is over grown over 8 foot have asked several times to trim as also scratching cars but does bear minimum . If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them. It is an intentional act, for example, if you or your neighbour know there is an active nest in the hedge and still cut the hedge, damaging or destroying the nest or contents in the process. There is the opinion to seek a works order under Section 45, Land Conveyancing, Law Reform Act 2009, to reduce the height of the trees. If you are able to support them with the work, or even carry out the work for them, this might facilitate matters. In law, this is called "abatement". Trees. Ask your council for a complaint form if the hedge is all of these: You might have to pay the council a fee to consider your complaint. Conveniently, I’ve written a guide to good hedge plants that might give you some ideas. We use cookies to improve your experience. There are also no general restrictions on how high they can grow the hedge. Before the Trees Act, a common law action for nuisance had to be taken in the Supreme Court. Land and Environment Court. In the UK, Tall Trees and High Hedges fall within the rules of the Anti-Social Behaviour Act of 2003. Where possible, act quickly to prevent the hedges from becoming more overgrown. There are no height limits for either hedges or trees and there is no legislation currently available in the Republic of Ireland to enforce a height restriction. If you rent your home, talk to … The same principles apply for trees in general. You do not have to return anything you trim from the neighbour… You can quite easily trim back leaves and branches, and you can even trim back roots if they are invasive, however this may have a detrimental impact on the whole plant. The High Hedges Law passed in 2005 has directly and indirectly caused much serious hedge nuisance to be abated. This may mean reducing the height of the hedge, or trimming it to a certain level and maintaining it at that level. Your neighbour can cut any branches that are overhanging into their garden as long as they only remove the bits on their side of the boundary. Overhanging trees can become an issue on your property and you are entitled to trim back parts of any tree that falls inside your boundaries. If, for example, your overgrown hedge is pushing on your neighbour’s fence and eventually damages it, you will stand liable. Problems could include, for example, if you think a hedge is too high or branches from your neighbour’s tree are overhanging into your garden. If you are renting a property and the hedges are becoming overgrown, your tenancy agreement should clarify whether you or your landlord is responsible for maintaining them. The advantage of an injunction under the law of nuisance (as opposed to a private prosecution) is that the injunction could require the neighbour to keep the hedge at … You are legally entitled to trim back hedges or branches of overgrown trees or hedges if they fall into your property from a neighbour's property or public area. Enjoy our YouTube review of the Okatsune 231 Hedge Shears - they are a Noble Warrior to help you with the art of topiary. Mallet of the judge, books, scales of justice. You can trim branches or roots that cross into your property from a neighbour’s property or a public road. Local councils are generally reluctant to become involved in neighbourhood disputes about trees. Step 1: Try to reach an agreement with your neighbour Before you plant the hedge, get a survey plan or, better, a boundary stakeout, so you know with 100% certainty that you’re planting it where you want it and you’re able to maximize the use of the rest of your property. there is only 8 houses.i cant seem to find this law again. Question - There is no fence or hedge between my neighbour and I - H0. If your neighbour owns an evergreen hedge close to your property you can make a formal complaint to your Local Planning Authority (LPA) under the High Hedges legislation as set out in Part 8 of the Antisocial Behaviour Act 2003. Who owns the tree. As with the width of plants, the height can be managed by frequent trimming with a pole cutter or using a normal hedge trimmer and a suitable platform. my neighbour cut back my hedge and piled all the trimmed pieces in the entrance to my garden. If you have hedge plants that are becoming a problem for your neighbours, they are allowed to cut back the growth that is inside their property. Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. They may charge you for this. This is called a self-help remedy to abate a nuisance. The law considers a high hedge to be a plant that is over 2 metres or 6.5 feet tall. You are, therefore, responsible in the same way for your hedges. I enjoy the sight of well formed foliage and enjoy helping you keep your hedges in good shape and your borders in order. You live with your neighbours for a long time and harmony is important. Your neighbours are permitted to ask you to trim troublesome hedge plants and you are encouraged to work with them for the best outcome. Your neighbours have a duty to keep their hedges and trees maintained so that they do not cause any damage or inconvenience to anyone else’s property. i did find a council law that stated he should offer them back but if i dont want them he has to take them.this man has a bad attitude to all the residents here. You must give notice to your neighbour if you are going to do work on a shared (‘party’) wall. Your neighbour does not normally need permission to plant a hedge in their garden. If a neighbour’s tree or hedge is growing over into your garden, you cannot make them cut it back. My garden and that of our neighbour is divided by a hedge. When you buy a property you will receive the Deeds and these explain where the boundaries of your property, and therefore your responsibilities, are. If there is just one tree blocking light to your home (rather than two or more trees) follow advice on boundary and garden disputes.. You should try first to agree what to do with your neighbour but if that doesn't work you might be able to apply for a High Hedge Notice from the council. Similarly, your neighbour can trim your hedge on their property if it is becoming an issue. This post contains affiliate links. Both you and your neighbour should be trimming each other’s respective side of the hedge. The tree or hedge in con­cern must meet the def­i­n­i­tion of a tree or hedge as stat­ed in the Trees Act. The hedge was there 6 years before his house was and it was infact taller than it is now (before he cut it) From what Im getting my parents contact their lawyer and the neighbour is completely in the wrong and has no right to any sunlight within reason. As long as the tree is safe and is not causing damage, your neighbour is entitled to grow the tree. Neighbour law. The responsibility for boundary hedge cutting is shared. While some hedge plants have minimal growth in terms of height and width, privacy hedge plants like leylandii or laurel can reach great heights quite quickly. It will take only 2 minutes to fill in. The real world is never quite as black and white as that statement, so let’s drill into this topic a bit more to make sense of it all. By law you are entitled to cut back the roots and growth of your neighbour’s hedges where they cross into your property, however you are not allowed to cut hedges on their property without permission. The Royal Institution of Chartered Surveyors (RICS) has free advice on boundary disputes and party walls (the walls you share with your neighbours).