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Hedge cutting legal view?

philng
philng Posts: 830 Forumite
Part of the Furniture 500 Posts Name Dropper Combo Breaker
in Gardening
Long story but a number of years ago we had a dispute with neighbour when we cut down a tree with agreement from neighbour partner only for this to be denied once the work was done.
Anyway we have a hedge now over 12 feet tall roots are in our garden but some of the hedge hangs over neighbour garden.
Are we allowed to trim all hedge down by say 3 to 4 feet including that over hanging neighbour garden.
I suspect neighbour does not want hedge reducing down but it is now affecting sun light on garden from 4pm due to large shadow from hedge.
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Comments

  • dirty_magic
    dirty_magic Posts: 1,145 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker I've been Money Tipped!
    If it's your hedge in your garden you can do what you want with it!
  • pmartin86
    pmartin86 Posts: 776 Forumite
    Part of the Furniture 500 Posts Name Dropper
    You might want to try out your artistic side if the neighbor is a PITA...

    https://redperil.files.wordpress.com/2010/10/insulting-hedge.jpg
  • I_have_spoken
    I_have_spoken Posts: 5,051 Forumite
    Are we allowed to trim all hedge down by say 3 to 4 feet including that over hanging neighbour garden.

    So long as you can do so from your side only or have the neighbour's permission to enter their garden, otherwise you're committing a trespass.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dirty_magic wrote: »
    If it's your hedge in your garden you can do what you want with it!

    Not until after bird nesting season, though.
  • philng
    philng Posts: 830 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Even if it means needing to lean over the border to reach or would that be deemed trespass?
    When is the bird nesting season run?
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    philng wrote: »
    Even if it means needing to lean over the border to reach or would that be deemed trespass?
    When is the bird nesting season run?

    http://www.rspb.org.uk/makeahomeforwildlife/advice/gardening/planting/hedges/the_law.aspx
    "We recommend that cutting hedges and trees is avoided between March and August as this is the main breeding season for nesting birds."

    Why would you need to cut your neighbour's side of the hedge? Reduce it to height you want and tidy up your side - what the neighbour does with his side is his responsibility.
  • Feral_Moon
    Feral_Moon Posts: 2,943 Forumite
    philng wrote: »
    Even if it means needing to lean over the border to reach or would that be deemed trespass?
    When is the bird nesting season run?

    Birds are already nesting so it's illegal to cut now. Best done November - February.
  • philng
    philng Posts: 830 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Reason I need to cut top of neighbour side is because the hedge is about 6 feet wide at the top and the 12 feet height is blocking sunlight.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    philng wrote: »
    Reason I need to cut top of neighbour side is because the hedge is about 6 feet wide at the top and the 12 feet height is blocking sunlight.

    You can reduce the height of the hedge all the way across its width - it's your hedge. How to do that without going next door is another matter.
  • unforeseen
    unforeseen Posts: 7,369 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Feral_Moon wrote: »
    Birds are already nesting so it's illegal to cut now. Best done November - February.
    It is not illegal.

    Wildlife and Countryside Act - 1981, Conservation - Natural Habitats -Regulations 1994 and Countryside Rights of Way Act - 2000 do not make it an offence to carry out the work

    The ADVICE is to avoid it but if you can evidence that there are no nests etc in what you intend to cut or other hedges etc that might be disturbed when doing it then you can go ahead
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