Do I have any rights at all? 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. Browse our range of plants today, or, Leylandii hedging plants (cupressocyparis leylandii) is one of the, hedges available (approximately 75-90cm a year!). For more information on how to make a complaint about the legal height of a Leylandii hedge, take a look at the gov website. Except our rear neighbour ... 2. For more information, check our disclaimer. who can give a specialist report of the damage done to a hedge? However, you’re only allowed to trim the growth on your property. Can I return them to my neighbours side? When to cut hedgerows that are home to nesting birds: To avoid any unwanted mistakes you can pause hedge trimming between March and September as the RSPB suggest. We have a boundary hedge neighbouring two properties which We have a boundary hedge neighbouring two properties which we have maintained to a hight of about 2.4m for the last 20 years. If this is a shared hedge, then each of you should take care of their own side. The Act defines high hedges as a line of two or more evergreen or semi-evergreen trees or shrubs higher than 2 metres above ground level that form a complete barrier to light or access. Whilst this is a valid reason for complaint, it is unlikely that this reason alone can be used successfully. He might not like it, but that’s the law. For more information, check out our You are here: Defining a property’s boundaries can be done by looking at its title plan. Trim your Leylandii hedge once or twice a year and it will benefit by growing thicker and denser. I’d like to make it 4 feet high (1 ft Gravel board + 3 ft Wooden panel) as widely seen in this area and everywhere. Leylandii trees should be grown no taller than 2m in height. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. A government Bill giving Local Authoritiesthe power to control evergreen or semi-evergreen hedge heights seems set to become law. I have a beech hedge that is on my side of the boundary (and small fence). The latter’s extent is determined by the court’s own view – it could go from covering the expenses to plant a new hedge or even erecting a temporary privacy barrier. But they can also lead to tensions and conflicts. Your email address will not be published. In any case, we strongly advise you to resolve the matter peacefully with your neighbour, no matter their inconsideration when first cutting down the hedge. Going further may result in your neighbour taking you to court for property damage. Can i cut a hedge that is growing out on to the public road that is hitting my can. There are other ways of extending a boundary’s height legally. This law also applies when it’s a matter of public road’s hedge. 2. I need to replace an old hedge with a new front garden fence between myself and my neighbour whose front garden is parallel to mine. to grow too much in height can restrict light from your neighbours’ garden, leading to them making a complaint. Council decides whether to investigate your application. Then the court might act in a few ways – prevent your neighbour to not cut it again and order damages. Am I right that I can determine the height of the hedge that grows from my side? Another issue that arises in real estate litigation between neighbors is a concept called a ‘spite fence’. Our knowledgeable team of planters, growers and salespeople are all on hand to assist you with any enquiries. I’ve recently bought a house that neighbours with a parish council recreational ground. Please let us know in the comments! You must try to settle a dispute about a high hedge informally before the council can intervene. I have recently moved into a property that has 3ft thick hedges that overgrow my footpath to my front door, as they are conifers they are hard to cut right back. Hi, Important laws on cutting the boundary hedges that you should be aware of: A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. Before you complain to the council, consider the following: 1. Fantastic Services © 2020. Nine if the previous owner ever accommodated her so we have quite a job in our hands but she says it has to be 2 mtrs. Are unsure if you are the owner of the hedge; Are wondering who is responsible for maintaining it. You are responsible for maintaining your hedge to avoid damages to your neighbour’s property. Have i got too get rid of the tree waste from my neighbours side because it is my hedge, My neighbor cut my 10 foot hedges down to a foot without my consent what can I do about this. Before it will investigate the council will … 3. Hedge heights can be a topic of tension between neighbours, so it’s important you know the legal heights. They’re an extremely popular choice in both urban and country areas, with many homeowners opting for a more secluded garden to enjoy in the summer months. Tree disputes. Our neighbour has planted a row of conifers (leylandii, I nelieve) as a hedge a number of years ago. A residential occupier can complain to his Local Authority if : 1. Can they force me to cut it or charge me for work they undertake whilst cutting their side of the hedge? According to Gov.uk, you can trim branches or roots that cross into your property from a public road. Both you and your neighbour should be trimming each other’s respective side of the hedge. By erecting fences have they absolved themselves of responsibility for the original boundary? My neighbour wants to keep their side for privacy!! My side cut and theirs not looks crazy!’, But they are almost as tall as the house, they are at the top of the house so the only thing it blocks is as above and me being able to see into their garden.. like I said the roots are in my garden ? Maximum Height Allowed for a Garden Fence WITH Trellis? Hope this has been useful to you. Disputes do sometimes end in the local council, costing everyone involved a fair amount of money. How close to a boundary can I plant a hedge? You are perfectly in your right to trim the hedge as you please since you are its owner. This includes cutting out light or blocking a cherished view. a) Calculate the hedge height for loss of light to the nearby garden (Section 4). Failure to take action can result in a fine of up to £1000 and daily fines for so long as the failure continu… Required fields are marked *. Did you find the information useful? If you’re certain you have no nesting birds in your hedges you can prune them between Spring and Summer. Browse our range of plants today, or contact us for more information. The Local Authority can issue a "remedial notice" on the owner eg to reduce its height. If you’ve taken the steps listed in Over the garden … A hedge is evergreen or semi-evergreen. In any case, if the hedge is cut down to a foot, whether or not it belongs to you, you might have a few ways to act. Googling the subject, this national government planning advice comes up a lot: Allowing your Leylandii hedge to grow too much in height can restrict light from your neighbours’ garden, leading to them making a complaint. That is, however, something avoidable. As far as the law is concerned, there are generally no rights of privacy between neighbours. Can you and should you touch that? b) Calculate the hedge height for loss of daylight to main house windows (Section 5). Using high-grade equipment that is inaccessible to everyday households, the dedicated service specialists will gladly go the extra mile to turn your home or office into something truly special. However, they will still remain sketchy as it is not considered needed to exactly record a property line (this is mostly the case in England and Wales). Is the hedge made up of a line of two or more evergreen or semi-evergreen trees or shrubs? I can not afford it currently and to be honest, I thought it would be their responsibility. They’re an extremely popular choice in both urban and country areas, with many homeowners opting for a more secluded garden to enjoy in the summer months. We have just got a … read more The “high hedge” restriction A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. I had a further query please. The council will write to your neighbour requiring remedial action within a certain timescale. Who Can Formally Complain About an Overgrown Hedge or Tree? Hedges taller than 2m are subject to complaints. There’s also the high hedge case and the bird nesting case, you can check them above in the post if you didn’t. Mystery SOLVED – Privet Hedge Dying for No Apparent Reason. If your neighbours actually get down to building a fence, you’d have to trim the hedge so it wouldn’t spread over the boundary line. As we specified above, it’s difficult to know whether a hedge officially belongs to you or not, and we’ve specified how to find that out. Sometimes a neighbour will disagree with something that the other neighbour is doing entirely on his or her land, which involves no actual crossing of the boundary. Your email address will not be published. You cannot use this as a definitive legal basis. ie what length of trees planted next to each other determines it as a hedge? However, if both sides are satisfied with the hedge’s height it can be kept at over 2 metres. Since Leylandii grows extremely rapidly, it is easy for your hedge to grow out of control. You can check whether you live in a conservation area. privacy policy . Fantastic Services encourages you to seek authority professional counsel before you decide to act upon what you have read. The best way out of this situation is just to have a talk with him and let him know that you are planning or trimming your side. I would like to erect a fence on the right hand side of my rear garden to provide privacy. Whilst it is always preferable to negotiate with your neighbour and come to an agreement, understanding your obligations and the legal height of leylandii trees is beneficial. Whether the hedge blocks a view. A high hedge is determined as being a line of two or more evergreen (or semi-evergreen) trees or shrubs. e) The resulting number is the action hedge height. Hi all. Fences serve many purposes. I have new neighbours who came out shouting at me that I was hacking the hedge and not to cut it any more. Even though we do our research well, we cannot and should not be held responsible for the accuracy of this webpage. I tried talking to them , but they are refusing to cut the trees down. Generally, the domestic hedge trimming season is either Spring or Winter. I tried to explain that beech hedges grow 1-2’ a year and that I have always periodically cut it back in this way and that it will grow again very quickly. First of all, we cannot directly advise on matters concerning law, and before you proceed, you should make a thorough research. The level is now just over 5’ again. If you’re the owner of a growing Leylandii hedge, ensure you’re considerate of your neighbours. the hedge , which my neighbour openly admitted to me, that he planted it, is well over the boundary line on my side.it starts off half a metre on my side, and it dosen’t go straight, it ends up being more than a metre on my side when it finishes, none of it is on his side of the boundary, where do i stand regarding maintenance of the hedge, thanks. If however, it’s 100% confirmed that the hedge belong to you, you might want to try a reasonable discussion to reach a mutually satisfying decision if you didn’t yet, before you resort to an official dispute. It is "unreasonably restricting " light to the property. Whether the tree blocks sunlight to neighbouring gardens, Whether the tree is on a slope. How do I stand legally? Although the law states that a high hedge is more than 2m (approx 6½ft) tall, this is not necessarily the height to which a hedge is reduced. What is the legal height of a neighbours hedge?. Formal hedges, however, may need maintenance from 2 to 3 times. Hedges that sit on boundary lines are owned by both households. Since the roots are in your garden, you are the owner of that hedge. turn to a specialist and hire them for the desired hedge maintenance. If you knowingly prune a tree or a bush that you’re aware shelters nesting birds, you are performing an offence. We’ve written a guide to, For more information on how to make a complaint about the legal height of a Leylandii hedge, take a look at the, Hopes Grove Nurseries are the UK’s leading, specialists. In situations where you cannot agree with your neighbour to jointly plant a hedge on your property boundary, it is prudent to leave a gap of at least two to three feet between the boundary and your hedge.. Leylandii Hedging (cupressocyparis leylandii), Brachyglottis ‘Sunshine’ Hedging & Shrubs, Hardy Fuchsia Hedging – Hardy Fuchsia Shrubs, Monterey Cypress Hedging (Cupressus macrocarpa ‘Goldcrest’), Bergenia Cordifolia Purpurea Ground Cover, Candy Floss Tree Ornamental Trees & Shrubs. hello, i moved into our bungalow 7 years ago, our neighbours have been there 60 years. However the hedge does spread over the boundary line. If it’s mine should I trim the whole row on both sides or do I share the responsibility with my neighbour?” Tricky enough questions that are asked every so often (you’re not the only one, trust us). We have to be honest, from the research we did, it may be more troublesome if you don’t offer to return the cuttings back. Your local council can and will reject your complaint if they decide you haven’t taken all the steps (within reason) to reach an agreement without involving them. Dont grow a Leylandii hedge to a height that will affect the reasonable enjoyment of their property. This year, I was reducing it by about a foot because of new growth. Contact us today or buy online. 7 years ago a line of evergreen hedges at height of 3 meters and a new hedge was planted in addition plus beaches.It is growing each year faster than being trimmed and is now 6 meters high. Check more info on the matter here. The trees are now partially over 10 ft high and are staring to block the light on our side of the property. And therefore your neighbour can do the same if it’s your hedge. Would You Be Happy To Hire Us For a Hedge Trim? If it was planted on your neighbour’s side, then it’s his responsibility. The Wildlife and Countryside Act 1981 controls where non-native plants can be planted and states that no non-native plant may be planted in the wild. Informal hedges require a one-time cut throughout the year. However, if both sides are satisfied with the hedge’s height it can be kept at over 2 metres. I said that it was my responsibility to level it up and that it looks a mess if I leave it half cut. A spite fence can be either a fence or a hedge that was built maliciously to annoy a neighbor, usually because of its height. I have recently bought a property with a very old hedge on the shared boundary. Can a Neighbour cut my hedge without permission? The tree or hedge must be over 2 metres tall The offending greenery must have a substantial effect on your enjoyment of your home or garden because of its height. Header image source: Shutterstock / By chanchai plongern. Book 25 + professional services from GoFantastic app in less than 30 seconds. I have mentioned to my neihbour that I would like to put up a good quality fence and I wouldn’t expect for her to pay for any of this, but she has told me in no uncertain terms that the right hand side of the rear garden is her responsibility and she decides whether it be fenced or not. Check also the sources we’ve included above for more info. However, there are a few things that usually happen in such cases, check them below. They say that they will put up a fence to maintain their privacy, if I finish off trimming it. If a neighbour asks you to trim your hedge, it may save you a lot of trouble down the road if you do this. An owner of a hedge is responsible for it not damaging their neighbour’s property. Such overgrown hedges can be a nuisance, so if you think yours is causing the neighbours distress but don’t own the right tools to properly reduce it you can turn to a specialist and hire them for the desired hedge maintenance (link to our service page that will open in a new tab). 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