Garden hedge issue

worried123

Can i possibly ask as I cannot find the right answer googling.  So the neighbour has decided to hack huge massive branches that have grown her side (my side is perfectly maintained - gardener 3 times a year does it) and has thrown them over into my garden.  Is this right??  I dont know whether to throw them back as I dont see why i should dispose of outrageously massive branches she has allowed to grow out of control...thank you.

(was a bit cautious posting this as a message i saw said only post about money saving issues but i thought that as i had strated the thread would just pop back to it),

sevenhills

worried123 said:

Can i possibly ask as I cannot find the right answer googling.  So the neighbour has decided to hack huge massive branches that have grown her side (my side is perfectly maintained - gardener 3 times a year does it) and has thrown them over into my garden.  Is this right??  I dont know whether to throw them back as I dont see why i should dispose of outrageously massive branches she has allowed to grow out of control...thank you.

(was a bit cautious posting this as a message i saw said only post about money saving issues but i thought that as i had strated the thread would just pop back to it),

If you are upset at what your neighbour did to 'your' hedge, then you should maintain it. You don't need to legally.

CSI_Yorkshire

worried123 said:

Can i possibly ask as I cannot find the right answer googling.  So the neighbour has decided to hack huge massive branches that have grown her side (my side is perfectly maintained - gardener 3 times a year does it) and has thrown them over into my garden.  Is this right??  I dont know whether to throw them back as I dont see why i should dispose of outrageously massive branches she has allowed to grow out of control...thank you.

(was a bit cautious posting this as a message i saw said only post about money saving issues but i thought that as i had strated the thread would just pop back to it),

I think that's one of the common misconceptions that people have - "if I cut branches off my neighbour's tree I have to throw them back".

It's actually only that you must offer them back (as they remain the property of whoever's plant it is).

TELLIT01

As CSI_Yorkshire says, the neighbour is entitled to cut back anything which overhangs their boundary, but are not allowed just to chuck them back over the hedge.  They can offer but if that offer is declined it becomes their problem to dispose of them.  The hedge owner has no control on how well or badly those overhanging branches are cut.

I've just found this which will cover hedges as well as trees. 

Cutting back trees

You have a common law right to cut back tree branches that overhang onto your property. It is however always best to discuss with your neighbour about any trees / hedges you wish to cut back before doing so.

• The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.
• Do not just throw trimmings back over the boundary - this could constitute 'fly tipping'. Ask your neighbour whether they would like any trimmings back.

worried123

Thank you very much.  very helpful.  So I am thinking that I have every right to put them back over her garden.

Nobbie1967

worried123 said:

Thank you very much.  very helpful.  So I am thinking that I have every right to put them back over her garden.

Or you could just accept that your hedge is a nuisance to your neighbour and dispose of the branches with good grace as a gesture of goodwill. Otherwise I can only see this escalating to nobodies benefit.

worried123

The problem here is that my neighbour was going to be charged with harrassment of 6 years standing and continual ASB - there is a far bigger picture here.  She has neglected her side of that hedge and I dont see why I should have to dispose of outrageously massive overgrown branches.  Indeed, cut branches are not the only thing that has found its way into my garden this week. 
If legally i am entitled to throw them back into her garden for her to dispose of I will.  I needed to know my rights.

thank you

35har1old

Simonon77 said:

Would it not have been easier just to cut all the way across the top so it was the same height all across? It's a bit petty to only cut your side, and would probably save you a lot of hassle from her

He has no entitlement to cut beyond his boundary as she has no right to do the same if she kept her side trimed to her boundary the top would be maintained level

sevenhills

worried123 said:

She has been taking photos of the hedge etc since i cut it....can she legally do anything if my hedge is 7 foot my side perfectly maintained but her side is high and overhanging etc......Thank you.   I suspect that if she has to pay the council to put the situation to them she will not.  surely the council could not be bothered with a 7 foot privet hedge anyway?  I am unsure.

A 7 foot hedge is taller than the maximum height for a fence, so I can understand why your neighbour is getting wound up. Although it very much depends on the size of the garden.

1. What does the high hedges legislation do?

Part 8 of the Anti-social Behaviour Act 2003 allows local councils to deal with complaints about high hedges whose area contains the land on which the hedge is situated.

When councils are determining a complaint they must first decide whether the height of the high hedge is having an adverse effect on a neighbour’s enjoyment of their home and/or its garden or yard. If it is, then councils can order the owner of a high hedge to take action to put right the problem and stop it from happening again.

The legislation also allows councils to set and charge fees for handling these complaints.

worried123

sevenhills said:

worried123 said:

Can i possibly ask as I cannot find the right answer googling.  So the neighbour has decided to hack huge massive branches that have grown her side (my side is perfectly maintained - gardener 3 times a year does it) and has thrown them over into my garden.  Is this right??  I dont know whether to throw them back as I dont see why i should dispose of outrageously massive branches she has allowed to grow out of control...thank you.

(was a bit cautious posting this as a message i saw said only post about money saving issues but i thought that as i had strated the thread would just pop back to it),

If you are upset at what your neighbour did to 'your' hedge, then you should maintain it. You don't need to legally.

i am not sure what you mean.  The hedge is a boundary hedge.  The previous occupant placed a low fence in front of it as they had a dog.  I maintain perfectly my side of the hedge and my neighbour does not maintain her side.  I will not enter her garden to maintain her side - there are major ongoing issues with her ASB and harrassment (serious issues).  She has allowed her side to grow out of control - if she decides to hack it to death and throw huge branches (come on massive branches from a formal privet hedge!!) into my back garden surely I am within my rights to throw it back.  I would not throw my trimmings into her garden and it amounts to asb and as i can now see, fly tipping.