Legal Boundary and an overgrown hedge

glasgowdan

Don't forget it's only illegal to willingly disturb nests. i.e. if you know there's a nest and still cut the hedge.

I cut hedges professionally from Jan-December.

moneyistooshorttomention

One obviously assumes though that anyone wanting to cut a hedge/trees during breeding season acknowledges their responsibilities and carefully examines hedge/trees first (including workmen - just in case the householder themselves hasnt done so).

Pleading ignorance of laws or not noticing something one has the responsibility to notice is unlikely to be believed (more likely to have passersby making a note of the firm concerned in order to boycott them).

Davesnave

glasgowdan wrote: »

Don't forget it's only illegal to willingly disturb nests. i.e. if you know there's a nest and still cut the hedge.

I cut hedges professionally from Jan-December.

I have close connections with a number of people who cut hedges professionally and I have more than 1/2 km of my own to maintain. These aren't garden hedges, but field and roadside banks with trees on them, well-known, if not loved, in this part of the country.

None of my friends would entertain this sort of work before September 1st, because there would be no chance of knowing where all the nests might be. So far as they're concerned, it's verboten.

OTOH, the council hires specialist contractors who cut the road hedges where it is judged that a failure to do so would create danger to people and traffic. Indeed they have just done this where I am.

I expect that in a garden situation, most people can do what they like as regards hedge trimming, without repercussions. That doesn't make it right. I'd love to know how the RHS and other show gardens manage.

Land_Registry

No plan or old deed/document will solve this kind of thing for you as you need to interpret these alongside the reality on the ground and of course how your neighbour (the council) views things.

If the Council are willing to engage with you on the matter and did offer to replace the hedge with a fence then that seems the logical route to take whilst bearing in mind the possibility you may wish to extend the building at some stage.

Our Practice Guide 40 series of supplements may be of general interest here

Schaffy

Thanks for all the comments.
Just to clarify a few things. Yes it is a large bush which also contains some substantial trees. Although the council told the previous owner they would erect a fence some time ago... when I spoke to them, they said they were only willing to cut their side and nothing else.
My plan is to see what my solicitor comes back with and then if there is no clearly defined legal boundary, I'll ask for a face to face meeting with someone from the council at the house to agree a way forward. I still feel the majority of the growth has been on my side so the boundary is much more likely to be closer to the edge of the park than the side of the house.