Boundary hedging can make or break neighbourly relations and it’s no surprise that hedging remains one of the biggest causes of disputes.
There are a range of situations in which hedging can cause fall outs. The leaves might be encroaching on next door’s garden or causing slippery surfaces during winter, for examples. The roots might be uplifting patio areas or damaging pavement.
Many of these situations are tricky to deal with, especially if there’s no protection in law. In order to successfully resolve such disputes both parties need to show a little decorum and be willing to compromise.
However, if your property is being adversely affected by tall hedging there are specific guidelines that hedge owners need to comply with in the interests of fairness to their neighbours.
The law states that anyone with a high hedge must consider the effect it has on their neighbours. Although a homeowner is rarely expected to obtain permission to plant a new hedge in their garden, they are responsible for ensuring it remains within an agreeable height so that it doesn’t block light to the neighbouring property.
Under Part 8 of the Anti-social Behaviour Act 2003, local authorities have the power to exercise control over high hedges. Usually, this function is carried out by a council’s parks team who will investigate formal complaints made by the public over allegedly tall hedges.
Legally, homeowners are expected to have taken all reasonable steps to resolve the hedge dispute amicably with no external intervention before a formal complaint is submitted.
So, what is considered a high hedge?Under the anti-social behaviour legislation, a high hedge is defined as being “so much of a barrier to light or access as”:
Is formed wholly or predominantly by a line or two or more evergreen or semi-evergreen trees or shrubs; and
Rises to a height of more than two metres above the ground.
What the legislation is really asking is whether the hedge is made up mostly of evergreen or semi-evergreen trees or shrubs and whether there are two or more trees/shrubs in it which are roughly in line. Most importantly, it requires that the hedge in question exceeds two metres in height and that it acts as a barrier to light or access.
Homeowners who can answer yes to all the questions have a strong case for complaint under the legislation. For instance, a row of eight conifers extending three metres in height and blocking the living room of next door would be considered a high hedge. If the trees on the other hand were breech trees which lost their leaves in the winter, then they would not be considered a high hedge.
The legislation specifically applies to high hedges and not individual trees. Disputes over the height of single trees on private property cannot be resolved by a local authority’s parks team.
I hope you found this article useful. If you’ve moved into a new property which is bordered by hedging, then it is best to approach the owner at the outset to agree expectations. Tackling the issue early in a friendly manner can avoid escalation of problems further down the line.
MGS Tree Surgery Services – If you require a Hedge Reduction / Trimming / Removal or not sure where to begin, we can advise on best solution.
Please contact us for a free quotation