laws on cutting hedges - help please before costs start

moneypooh

Can a neighbour force another to cut their overhanging hedge. The neighbours don't get on and I can see hassle ahead.

I know this isn't exactly money saving but it will be a problem if solicitors get involved.

Can someone direct me to a website where it spells out the law regarding the responsibilities. As I understood it you can't force your neighbour to cut their hedge, but you can do it yourself as long as you give back the cuttings. The neighbour that wants it cut is shouting about it being their responsibility not hers so come around and get it sorted! I don't believe she is right but I want to give my neighbour the right advice.

The hedge is not blocking any light, not taller than about 10ft or an obstruction just a bit unruly on the neighbours side.

Any advice appreciated..

amcluesent

http://www.gardenlaw.co.uk/trees.html

moneypooh

So it appears they don't need to cut the hedge, if she wants it doing she can do it herself.
Is there an official website that states that?
Sorry to be picky but I think this could get a bit nasty so I'd like an official website reference if possible.

lostinrates

IMO the best way to stop things being nasty is to be magnanimous. Cut the hedge, or if you can't stand being here offer to have someone go in and cut it (you choose them or the fee will be massive.)

My parent's neighbours and they once had a dispute over a hedge that started like yours, then neighbours hacked hedge back into old wood and had to love for a while with a horrid brown hedge, then they ''accidentally'' set fire to it wih a firework. In retrospect the easier thing to do would have been to pop over one weekend and cut it back. ertainly more moneysaving than the fence my parents paid half of in the end and the possibiltiies of very serious dischord some people have over hedges.

moneypooh

If she got it cut and then billed my neighbours would they need to pay the bill?
My OH said he would get someone to do it if she could pursue payment for her bill, although he'd probably do it himself. Our neighbour doesn't want us to get involved so that could be awkward.

WestonDave

It isn't going to be possible to get/force the non hedge owner to pay the bill for cutting the hedge. Its really (morally at least) the owners responsibility to cut it, but the non owner has the right to cut any encroachment onto their property, so unless the non owner agrees the bill in order to effectively contract someone to do their work for them, its not going to be possible for the owner to gain a quiet life by getting the hedge cut at the non owners expense.

Its also worth bearing in mind that at 10 feet, if its defined as a hedge (i.e. rather than a line of individual different trees/bushes) then it could be possible for the council to force the owner to cut it down to (I think) 2m (roughly 6 foot) or the council may do it at the owners expense.

In this instance your neighbour not wanting you to get involved may be the best solution for you!

moneypooh

I think I didn't quite right it correctly. If the non-owner gets the work done and then bills the owner, do they need to pay it if not agreed in advance?

I'm in a difficult position as I'm an adjoining neighbour that actually gets on well with the owner and they cut my side as we are friends. The problem is the neighbour on the other side of their garden.

I'll pass on all the info from here and let them decide their best option.

RAS

The rule is

Letter asking for hedge to be cut.
Letter advising that if hedge not cut, then quotes will be sought for the job.
One month later, send quotes for the job and advise that if the job is not done within timescale (say two weeks),
Get job done
Bill to hedge owner.

moneypooh

Can that be inforced though as all the websites state that you have no legal obligation to actually cut anyones overhangs at all. It's up to the non-owner if they want to cut it, and not the responsibility of the owner.
I realise that morally people should all live happily together, but they don't and despite it seeming the obvious solution to just cut it, there are many reasons why I actually agree with my neighbours not to cut it for her.
Unfortunately we don't all live next door to reasonable people.

Does the law say they have to? Does the law say they would have to pay her costs? That's all I need to let them know.

alixandrea

Why doesn't she just cut it herself/pay for someone else to cut it for her if she's too invalid to do it herself? She's only wanting it cut on her side right? So if she wants less hedge in her garden, she should cut it herself. This is what I did; there's no way I'd expect my neighbours to cut my side/pay for my side to be cut just to pretty up my garden!

Sheeze, people! :eek:

Alixandrea

lostinrates

moneypooh wrote: »

Unfortunately we don't all live next door to reasonable people. .

true, but I'd rather live on the other side of a well maintained tall hedge from them than the six foot fence that might be the choice if the hedge mysteriously ''dies'' or put up with the further decent into unreasonable behaviour when its hacked into and left brown and causes more disgruntlement from their side.

Its not really about whats best for the grumpy neighbour, its thinking in the long term interests of the hedge owners IMO, and that's not always just giving a grumpy neighbour the treatment she ''deserves'' but rather maintaining something in their interests.