Leylandii

stephenni1971

Just wondering if anyone has been in a similar situation before...

Moved into new rental - along back garden boundary is a hedge up to 14 feet tall. I can see about six feet into it the original boundary fence of my property. The previous tenant was spending a couple of hundred pounds a year on trimming - which I really would rather not do for obvious reasons!

So the question is as the trees/hedge are rooted in neighbours property, extend six feet into mine, remove a huge amount of light from the garden - who should be responsible for the trimming?

Mojisola

stephenni1971 wrote: »

Moved into new rental - along back garden boundary is a hedge up to 14 feet tall. I can see about six feet into it the original boundary fence of my property. The previous tenant was spending a couple of hundred pounds a year on trimming - which I really would rather not do for obvious reasons!

So the question is as the trees/hedge are rooted in neighbours property, extend six feet into mine, remove a huge amount of light from the garden - who should be responsible for the trimming?

You. You can cut back anything that grows over the boundary into your garden. You shouldn't reduce the height with getting permission.

The person who owns the hedge has no legal responsibility to keep it within his/her garden.

Anything you cut off it should be offered back to the owner. If it's not wanted, you have to get rid of it.

BigAl94

Mojisola wrote: »

You. You can cut back anything that grows over the boundary into your garden. You shouldn't reduce the height with getting permission.

The person who owns the hedge has no legal responsibility to keep it within his/her garden.

Anything you cut off it should be offered back to the owner. If it's not wanted, you have to get rid of it.

That is incorrect. The DoE Guidance for hedge owners states -


You, as a hedge owner, are responsible for looking after any hedge on your
property and for making sure it is not a nuisance to anyone else. This means trimming the hedge regularly, both its top and all sides and ensuring that it does not pose a danger to people or property.

Link to the document here http://www.doeni.gov.uk/guidance_for_hedge_owners-2.pdf


In the first instance you should approach the owner to request they cut the hedge on your side. If they fail to do so then you can cut it back provided you return all cuttings to the owner.


You may also be able to get the height reduced to 2 metres http://www.doeni.gov.uk/index/protect_the_environment/local_environmental_issues/high_hedges_2.htm

Old_Git

I had these in my last house .My neighbour came round and told me (not asked ) he was going to cut them down as they blocked his light .I said great carry on I will pay you .

brewboy_2

I vaguely remember reading something in the Telegraph about a high hedges act coming in ages ago, I know it sounds ridiculous but I would say you have the right to light and the onus would be on the hedge owner to maintain

Mojisola

Mojisola wrote: »

The person who owns the hedge has no legal responsibility to keep it within his/her garden.

Anything you cut off it should be offered back to the owner. If it's not wanted, you have to get rid of it.

BigAl94 wrote: »

That is incorrect. The DoE Guidance for hedge owners states -

You, as a hedge owner, are responsible for looking after any hedge on your
property and for making sure it is not a nuisance to anyone else. This means trimming the hedge regularly, both its top and all sides and ensuring that it does not pose a danger to people or property.

Link to the document here http://www.doeni.gov.uk/guidance_for_hedge_owners-2.pdf

In the first instance you should approach the owner to request they cut the hedge on your side. If they fail to do so then you can cut it back provided you return all cuttings to the owner.

Isn't that what I said?

The hedge owner may have a responsibility, but not a legal responsibility. If you ask him/her to cut it back and he/she refuses, you have to do it.

BigAl94

Mojisola wrote: »

Isn't that what I said?

The hedge owner may have a responsibility, but not a legal responsibility. If you ask him/her to cut it back and he/she refuses, you have to do it.

Actually that's not what you said at all if you re read your post. You clearly stated the OP was responsible as in "You".

Mojisola

BigAl94 wrote: »

Actually that's not what you said at all if you re read your post. You clearly stated the OP was responsible as in "You".

Because that's what happens. The hedge owner doesn't have a legal duty to cut both sides of a hedge unless the hedge is growing alongside a pavement.

A hedge or tree growing across the boundary into a neighbour's garden does not pose a danger to the neighbour.

The OP can ask the neighbour to cut her side but, if he refuses, she will have to cut it back. An alternative is to put up a fence. If the growth from the hedge starts to damage the fence, then she could make him abate the nuisance if she's willing to pay legal fees.

BigAl94

Mojisola wrote: »

Because that's what happens. The hedge owner doesn't have a legal duty to cut both sides of a hedge unless the hedge is growing alongside a pavement.

A hedge or tree growing across the boundary into a neighbour's garden does not pose a danger to the neighbour.

The OP can ask the neighbour to cut her side but, if he refuses, she will have to cut it back. An alternative is to put up a fence. If the growth from the hedge starts to damage the fence, then she could make him abate the nuisance if she's willing to pay legal fees.

I suspect you're not in Northern Ireland?


The fact remains that the DoE guidelines state that the hedge owner is responsible for trimming the hedge on all sides and it may be useful to refer to these guidelines when discussing the situation.


Undoubtedly a test of people skills!

Mojisola

BigAl94 wrote: »

That is incorrect. The DoE Guidance for hedge owners states -

You, as a hedge owner, are responsible for looking after any hedge on your
property and for making sure it is not a nuisance to anyone else. This means trimming the hedge regularly, both its top and all sides and ensuring that it does not pose a danger to people or property.

Link to the document here http://www.doeni.gov.uk/guidance_for_hedge_owners-2.pdf

In the first instance you should approach the owner to request they cut the hedge on your side. If they fail to do so then you can cut it back provided you return all cuttings to the owner.

You may also be able to get the height reduced to 2 metres http://www.doeni.gov.uk/index/protect_the_environment/local_environmental_issues/high_hedges_2.htm

BigAl94 wrote: »

I suspect you're not in Northern Ireland?

The fact remains that the DoE guidelines state that the hedge owner is responsible for trimming the hedge on all sides and it may be useful to refer to these guidelines when discussing the situation.

Undoubtedly a test of people skills!

But not "legally responsible".

A hedge growing into a neighbour's property does not pose a danger to anyone.

BigAl94

Encroaching 6 ft into your territory could well be a danger (depends on proximity to buildings etc) and is certainly a nuisance.