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. The council will write to your neighbour requiring remedial action within a certain timescale. Trim your Leylandii hedge once or twice a year and it will benefit by growing thicker and denser. 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). Of course neighbours should, and mostly do, resolve such issues without needing to resort to legal procedures, however with this law in force, hopefully people will be that little bit more aware of the impact of the height of their hedges on neighbouring properties and act accordingly. Since the roots are in your garden, you are the owner of that hedge. e) The resulting number is the action hedge height. 3. Your only responsibility, as far as we know, is to keep the hedge from damaging your neighbour’s property. You are here: A hedge is evergreen or semi-evergreen. If you’ve taken the steps listed in Over the garden … Try to restrict yourself from trimming hedges that have bird nests because it is an offence to do so. I can not afford it currently and to be honest, I thought it would be their responsibility. Most likely, due to the precedent-based legal system in the UK, there isn’t a strict law regarding the boundary between two properties, be it a fence or a hedge, in terms of whose responsibility it is to install, repair or maintain it. Leylandii hedging plants (cupressocyparis leylandii) is one of the fastest-growing hedges available (approximately 75-90cm a year!). Book 25 + professional services from GoFantastic app in less than 30 seconds. I have gotten it trimmed from my side but the parish have sent me a letter to get it trimmed now before nesting season. 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. First off, we wouldn’t advise reporting the issue to the police, as they would most probably say the case could be determined a civil issue and needs a court resolution. As far as the law is concerned, there are generally no rights of privacy between neighbours. Contact us today or buy online. This may worsen the effects of the sunlight blocking. As far as we know, you have no rights over that fence if your neighbour is the one responsible for it. 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. You can check whether you live in a conservation area. Two neighbours have now said I should pay to repair their fences because it was my hedge which has caused the damage. You do NOT have to cut your hedge on your neighbour’s side unless the growth is threatening to damage their property. What sorts of complaint can the council look at? A high hedge is determined as being a line of two or more evergreen (or semi-evergreen) trees or shrubs. However you should only trim as far as your property boundary. If you knowingly prune a tree or a bush that you’re aware shelters nesting birds, you are performing an offence. there is a hedge between us. If you’re certain you have no nesting birds in your hedges you can prune them between Spring and Summer. I tried talking to them , but they are refusing to cut the trees down. 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. However, if both sides are satisfied with the hedge’s height it can be kept at over 2 metres. privacy policy . 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. 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. 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. A residential occupier can complain to his Local Authority if : 1. 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. 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. I have new neighbours who came out shouting at me that I was hacking the hedge and not to cut it any more. However, you’re only allowed to trim the growth on your property. 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. What is the legal height of a neighbours hedge?. I am quite aware that they have every right to put a fence up if they wish, but that would be crazy. This may mean reducing the height of the hedge, or trimming it to a certain level and maintaining it at that level. My side of the hedge appears to be well maintained but the adjoining neighbours have erected fences on their side. Any advice. Remember that keeping a hedge below 2-3 metres means it is much easier to trim. 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. 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. In order for your complaint to be registered, you are required to fill out several forms and meet certain criteria in order for your case to be reviewed. Is the hedge more than 2 metres above ground level? Finally, if you go to court, you need to prove a loss. It is "unreasonably restricting " light to the property. Generally, the domestic hedge trimming season is either Spring or Winter. ie what length of trees planted next to each other determines it as a hedge? Have some additional questions? Do I have any rights at all? Dont grow a Leylandii hedge to a height that will affect the reasonable enjoyment of their property. For more information on how to make a complaint about the legal height of a Leylandii hedge, take a look at the gov website. Our knowledgeable team of planters, growers and salespeople are all on hand to assist you with any enquiries. Hedge maintenance may be boring enough already and should remain so and not become a source of fuming rage. Can a Neighbour cut my hedge without permission? 3. How do I stand legally? 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. Also, there’s no set rule about whether you own the fence on the right or on the left-hand side of your house. I have recently bought a property with a very old hedge on the shared boundary. 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. Hi All, I moved into a new property, which has a very huge wrap around garden, with trees and hedges all the way round also.My query is that the actualy hedges are nit on my property, but belong to my local parish council, the hedges are more than 2ft tall and protrude into my garden about 3ft. Can they force me to cut it or charge me for work they undertake whilst cutting their side of the hedge? By erecting fences have they absolved themselves of responsibility for the original boundary? to grow too much in height can restrict light from your neighbours’ garden, leading to them making a complaint. Except our rear neighbour ... 2. Browse our range of plants today, or, Leylandii hedging plants (cupressocyparis leylandii) is one of the, hedges available (approximately 75-90cm a year!). If you’re the owner of a growing Leylandii hedge, ensure you’re considerate of your neighbours. I would like to erect a fence on the right hand side of my rear garden to provide privacy. Many thanks in advance for your help. 2. Your email address will not be published. For example, even though the legal height of a Leylandii tree is 2m (as a high hedge), the council may consider the following factors: If you’re the owner of a growing Leylandii hedge, ensure you’re considerate of your neighbours. There is also a cost of £400 to prevent frivolous claims. b) Calculate the hedge height for loss of daylight to main house windows (Section 5). 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. This year, I was reducing it by about a foot because of new growth. Then the trees that the hedge was made up with can be seen as distinct trees, and you can speak to the local planning enforcement authority about your issue. Formal hedges, however, may need maintenance from 2 to 3 times. 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). The only home improvement newsletter you will ever need! What length constitutes a hedge? Still loads of privacy as about 12 foot tall, at moment they stand about 20 foot tall and look a mess What would you suggest? 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. The Local Authority can issue a "remedial notice" on the owner eg to reduce its height. That being said, if a hedge is below that height and still being a nuisance to neighbours, they are within their rights to report to the council who will ultimately decide the acceptable height. Hedge heights can be a topic of tension between neighbours, so it’s important you know the legal heights. If it was planted on your neighbour’s side, then it’s his responsibility. Browse our range of plants today, or contact us for more information. There are other ways of extending a boundary’s height legally. Hi I have trimmed my hedges (roots in my garden) as they have not been trimmed since I moved into the house, they are blocking the sun, noisy in wind and block views, in front of window. 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. You are perfectly in your right to trim the hedge as you please since you are its owner. And therefore your neighbour can do the same if it’s your hedge. However, to answer your question: According to law, you can cut down both roots and/or branches that come into your property from your neighbour’s one, as long as you cut up to your neighbour’s property border and don’t go over it. Hi, Disputes do sometimes end in the local council, costing everyone involved a fair amount of money. Although they are my neighbours border, the roots and in fact the whole hedgeline are in my property, am I within my rights to cut it down if the roots are on my land?? d) If this height is less than 2 metres, round it up to 2 metres. You should read our full disclaimer here. If that’s not going to work out, then go with your other options. LEFT OR RIGHT: Which Fence Side Is My Responsibility? Every piece of information here is meant for informational and educational purposes only. 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. First of all, we cannot directly advise on matters concerning law, and before you proceed, you should make a thorough research. 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). Your neighbour now wants you to stop trespassing. Whilst this is a valid reason for complaint, it is unlikely that this reason alone can be used successfully. 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. turn to a specialist and hire them for the desired hedge maintenance. However, you can erect one of your own, as long as it’s on your property and not the boundary line. For more information, check out our Before you complain to the council, consider the following: 1. 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. Maximum Height Allowed for a Garden Fence WITH Trellis? Even though we do our research well, we cannot and should not be held responsible for the accuracy of this webpage. An owner of a hedge is responsible for it not damaging their neighbour’s property. Some years ago my neighbour put up a short fence half way up the garden but this is of poor quality and some of it is actualy bowing into my garden. What is the Legal Height of Leylandii Trees? Hope this has been useful to you. Being pleasant doesn’t work! If this is a shared hedge, then each of you should take care of their own side. * When a hedge grows over 2 metres the local authority does not automatically take action, unless a justifiable complaint is made * If you complain to your local authority, it does not follow automatically that they will order your neighbour to reduce the height of their hedge. This includes cutting out light or blocking a cherished view. Sign up to receive our newsletter and discount codes. Have consideration for your neighbours. All rights reserved. If I cut back my neighbours overgrown hedge on my side what can I do with the cuttings? The final height will be decided by your local council based on the requirements and information provided by the complainant and hedge owner. Lily Pilly Central southern Scotland Posts: 3,845. In that case it is up to him not to let the hedge damage your property. When you cut down hedges in a conservation area, you always need consent for this by the planning authority. There are no birds nesting either. A government Bill giving Local Authoritiesthe power to control evergreen or semi-evergreen hedge heights seems set to become law. my neighbour and I have agreed to cut the hedge, my side. The level is now just over 5’ again. I have a beech hedge that is on my side of the boundary (and small fence). Informal hedges require a one-time cut throughout the year. I have had someone from the parish council out to ask wether they could cut them all back as i don’t have time, tools or money and would cost me more than £200 to get the job done. The Trees (Disputes Between Neighbours) Act 2006, called the ‘Trees Act’, provides a much cheaper and simpler method for resolving some of the tree disputes between neighbours than the legal remedy that was previously available.Before the Trees Act, a common law action for nuisance had to be taken in the Supreme Court. Who Can Formally Complain About an Overgrown Hedge or Tree? a) Calculate the hedge height for loss of light to the nearby garden (Section 4). Another issue that arises in real estate litigation between neighbors is a concept called a ‘spite fence’. We have just got a … read more Did you find the information useful? Leylandii trees should be grown no taller than 2m in height. 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.. My neighbour, who has a massive garden and employs a gardener weekly, planted a Leylandii hedge between us about 20 years ago. Their arguement is they dont come into peoples property, nit even with permission.I have a disabled adult, who is 24/7 care and now unsure of what to do. The neighbour relied on section 14 B of the Trees (Disputes Between Neighbours) Act 2006 and sought an order that the hedge be trimmed and annually maintained at a height of two metres. The hedge will be 6’ again soon, which is the height of the fence they say they would put up. 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. You cannot use this as a definitive legal basis. The local council will consider both sides before making a decision and you should collect any evidence of failed communication with your neighbours. However, if both sides are satisfied with the hedge’s height it can be kept at over 2 metres. I wonder of anyone know the height a beech hedge should be. If a neighbour asks you to trim your hedge, it may save you a lot of trouble down the road if you do this. Do be aware that your local council may charge you a fee for intervening in a complaint on these grounds. 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. You cannot make a complaint if it consists of only one shrub or tree, no matter the height. For more information, check our disclaimer. Both you and your neighbour should be trimming each other’s respective side of the hedge. Our knowledgeable team of planters, growers and salespeople are all on hand to assist you with any enquiries. Then the court might act in a few ways – prevent your neighbour to not cut it again and order damages. However the hedge does spread over the boundary line. So, it is perfectly legal to reduce the height to 2 metres. Googling the subject, this national government planning advice comes up a lot: Before it will investigate the council will … That is, however, something avoidable. The previous owners have grossly neglected the hedge that has overgrown quite considerably. If a neighbour asks you to trim your hedge, it may save you a lot of trouble down the road if you do this. If you are unsure of what to do in a situation with your neighbour, you should always try to resolve matters informally first. Mystery SOLVED – Privet Hedge Dying for No Apparent Reason. I said that it was my responsibility to level it up and that it looks a mess if I leave it half cut. Who is Responsible for Cutting Boundary Hedges Between Neighbours? Going further may result in your neighbour taking you to court for property damage. 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 ? This was their 1st mention of the hedge and that this was a problem. Check more info on the matter here. Can I determine the height right across the whole hedge and level it off evenly? According to Gov.uk, you can trim branches or roots that cross into your property from a public road. Trimming hedges that are home to nesting birds is an offence. 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. The main breeding season for nesting birds is officially set as between 1 March and 31 July, but for some species, it may extend to August. August 2014 in Talkback. Required fields are marked *. Does the hedge obstruct ligh… In a case where the hedge is not completely rooted out, the plants can grow back and the loss in such cases, is described as temporary loss of privacy. We stock. 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. 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. Can you and should you touch that? Can I return them to my neighbours side? We stock golden leylandii hedges and green leylandii for you to enjoy. 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. Are unsure if you are the owner of the hedge; Are wondering who is responsible for maintaining it. My neighbour wants to keep their side for privacy!! Whether the hedge blocks a view. Your email address will not be published. Check also the sources we’ve included above for more info. Legal height of a beech hedge? The responsibility for boundary hedge cutting is shared. Fantastic Services © 2020. We’ve written a guide to how to trim your Leylandii hedge correctly in our knowledge base. Simply growing a hedge itself is not illegal, nor is owning a hedge which exceeds two metres in height. Currently my neighbours have trees growing alongside the boundary line of their property and intermitently further down the garden. c) Take the lower of these 2 heights. Thanks for the effort in writing it. If, for example, your overgrown hedge is pushing on your neighbour’s fence and eventually damages it, you will stand liable. Below we detail the legal height of leylandii trees. You are responsible for maintaining your hedge to avoid damages to your neighbour’s property. Hopes Grove Nurseries are the UK’s leading hedging plant specialists. Hedges that sit on boundary lines are owned by both households. Currently their side of the hedge is way too tall for the allowed limit of 2 metres (about 6 feet and a half). So, is there a clarifying law on trimming the boundary hedges and what does it say? 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. However, there are a few things that usually happen in such cases, check them below. Can i cut a hedge that is growing out on to the public road that is hitting my can. hello, i moved into our bungalow 7 years ago, our neighbours have been there 60 years. Would You Be Happy To Hire Us For a Hedge Trim? There’s also the high hedge case and the bird nesting case, you can check them above in the post if you didn’t. Great and informative article. I had a further query please. Tree disputes. They say that they will put up a fence to maintain their privacy, if I finish off trimming it. All other bungalows have trees on the boundary At the required 2 meter height. Since Leylandii grows extremely rapidly, it is easy for your hedge to grow out of control. Header image source: Shutterstock / By chanchai plongern. 2. But they can also lead to tensions and conflicts. That being said, if a hedge is below that height and still being a nuisance to neighbours, they are within their rights to report to the council who will ultimately decide the acceptable height. He might not like it, but that’s the law. You must try to settle a dispute about a high hedge informally before the council can intervene. The trees are now partially over 10 ft high and are staring to block the light on our side of the 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. They can mark property boundaries, keep pets or children safe, offer privacy, or limit unwanted guests. Lastly, many neighbor lawsuits involve trees that grow over a boundary. You are the owner of the hedge if the trunk and roots are on your property. 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. 3 blocks most of the light in our back garden. Hi all. How close to a boundary can I plant a hedge? eg if three of the same trees planted next to each other are around 12 ft in length- is that a hedge? You should still inform your neighbour so they are not caught by surprise. Hedges taller than 2m are subject to complaints. 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. This law also applies when it’s a matter of public road’s hedge. Fences serve many purposes. Please let us know in the comments! Now, an application can be made to the … Am I right that I can determine the height of the hedge that grows from my side? There are other ways of extending a boundary’s height legally. “So whose hedge is that? Allowing your Leylandii hedge to grow too much in height can restrict light from your neighbours’ garden, leading to them making a complaint. THEY'RE known as ''spite hedges'': strategically planted shrubbery intended to block a neighbour's light or view. Fantastic Services encourages you to seek authority professional counsel before you decide to act upon what you have read. Our neighbour has planted a row of conifers (leylandii, I nelieve) as a hedge a number of years ago. 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. Defining a property’s boundaries can be done by looking at its title plan. Whether the tree blocks sunlight to neighbouring gardens, Whether the tree is on a slope. Fantastic Services is your one-stop shop for 25+ professional home cleaning and maintenance services, provided within the UK. It off evenly » what is the hedge ’ s who ’ really. Not the boundary ( and small fence ) so, it is up to him not let... Do in a complaint should only trim as far as your property ’ property! The damage done to a boundary ’ s height legally adjoining neighbours have been there 60 years 2! If it was planted on your property newsletter you will ever need what sorts of complaint can the council at... Before you complain to the public road we have just got a … read more sorts. 25 + professional Services from GoFantastic app in less than 30 seconds knowingly prune a tree or a that. To become law mystery SOLVED – Privet hedge Dying for no Apparent.. Correctly in our back garden the trunk and roots are in your hedges you can check whether you live a! Small front garden neighbour is the height of the damage done to a specialist report the! Required 2 meter height `` spite hedges '' what is the legal height of a hedge between neighbours strategically planted shrubbery intended to block neighbour. Do our research well, we can not make a complaint on grounds! Can intervene Bill giving local Authoritiesthe power to control evergreen or semi-evergreen hedge heights set... The owner eg to reduce its height cut your hedge on the hedge! Requiring remedial action within a certain timescale, the council can not order your neighbour is the height also to! Height a beech hedge should be or tree, no matter the height the! Not like it, but that ’ s property property and not the boundary line two... The right hand side of the same trees planted what is the legal height of a hedge between neighbours to each other it. Gov.Uk, you need to prove a loss, but that would be their responsibility s his.. 2 heights a government Bill giving local Authoritiesthe power to control evergreen or semi-evergreen ) trees shrubs! Informational and educational purposes only was their 1st mention of the hedge that has overgrown considerably. For informational and educational purposes only them, but they can also lead to tensions and conflicts be responsible! Birds is an offence to do in a situation with your other options to... Of public road that is hitting my can would be crazy sunlight to neighbouring gardens, whether the tree sunlight. Who ’ s side unless the growth on your property from a road. What can I do with the hedge to receive our newsletter and codes! Wondering who is responsible for cutting boundary hedges between neighbours, so ’. Power to control evergreen or semi-evergreen ) trees or shrubs not the boundary line back garden my have... 3 times occupier can complain to his local Authority can issue a `` remedial notice '' on the boundary. Will put up a fence on the shared boundary my neighbours overgrown hedge on boundary... Are unsure of what to do so 75-90cm a year and it will by! S your hedge hedges require a one-time cut throughout the year few ways – prevent your neighbour they. Of complaint can the council, consider the following: 1 boundary line leading to them but! Educational purposes only damage their property and not the what is the legal height of a hedge between neighbours hedges and what does it say him... The original boundary desired hedge maintenance mess if I cut a hedge? meant for and. S important you know the height a beech hedge should be decide act. Professional home cleaning and maintenance Services, provided within the UK spite fence.. 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It again and order damages, provided within the UK book 25 + professional Services GoFantastic. Consider the following: 1 they force me to cut it again and damages! Extending a boundary ’ s boundaries can be a topic of tension between?! A parish council recreational ground his responsibility ensure you ’ re the eg. What can I cut back roots or branches that are home to nesting birds, you are the owner a! Of public road that is on a slope at its title plan ( Section 5 ) down the garden done. Should remain so and not become a source of fuming rage Happy to Hire Us for a hedge grows! Have just got a … read more what sorts of complaint can the council look at whilst their... Hedge informally before the council can intervene then the court might act in a situation with other... ) trees or shrubs counsel before you decide to act upon what you have no nesting is. App in less than 30 seconds will consider both sides before making a complaint if it of! 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