Legal query regarding hedge maintenance

[SimonB]

Does anyone know the current definitive law regarding hedge maintenance where the hedge is planted adjacent to a pre-existing fence that forms the property boundary.

In particular obligations/rights of both parties (hedge owner and neighbour), returning of hedge trimmings etc.

I will say no further since I do not wish to bias any reply.

Without wishing to sound ungrateful I am not looking for opinions just the actual law, but any real world experience would be of interest.

Many thanks
Simon

 

[Hivemaker.]

In particular obligations/rights of both parties (hedge owner and neighbour), returning of hedge trimmings etc.

I know that the council don't return the hedge trimmings to the farmers around here when they cut their side of the hedge on the roadside, they are just flailed into thousands of itsy bitsy little pieces.

Hope that's helpful.

 

[BeeJayBee]

Depends on local covenants as to ownership and maintenance, but generally you can cut off anything that grows to 'your' side of a boundary. If you wish you may offer hedge, shrub or tree trimmings back to the owner, but in practice it'd be a bit weird to do that because you'd probably end up getting the same from another neighbour - who would return the bits they've chopped off your tree or hedge. Depends too on you want to escalate and already awkward situation, or calm things down.

In our garden, where boundaries are marked by a mixture of fences, shrubs and hedges, some owned by us and some owned by neighbours, we each just trim the bits we don't want, or those that are overgrown, and deal with the waste ourselves by either burning, shredding, composting or taking to the council dump. Generally we respect the overall height so both sides and the end of the garden match.

If you want a more knowledgeable opinion, try Gardenlaw http://www.gardenlaw.co.uk/phpBB2/index.php

 

[MuswellMetro]

Depends on local covenants as to ownership and maintenance, but generally you can cut off anything that grows to 'your' side of a boundary. If you wish you may offer hedge, shrub or tree trimmings back to the owner, but in practice it'd be a bit weird to do that because you'd probably end up getting the same from another neighbour - who would return the bits they've chopped off your tree or hedge. Depends too on you want to escalate and already awkward situation, or calm things down.

In our garden, where boundaries are marked by a mixture of fences, shrubs and hedges, some owned by us and some owned by neighbours, we each just trim the bits we don't want, or those that are overgrown, and deal with the waste ourselves by either burning, shredding, composting or taking to the council dump. Generally we respect the overall height so both sides and the end of the garden match.

If you want a more knowledgeable opinion, try Gardenlaw http://www.gardenlaw.co.uk/phpBB2/index.php

no change in law

you are allowed to trim back a hedge to your boundary

you are not obliged to return the cuttings by throwing over hedge but you must ask the hedge owner if he wants them or shall you get rid of them

but if it is a field rember the ditch is the boundry not the hedge

 

[SimonB]

Thanks for the replies so far.

The situation is that we planted a hedge adjacent to an existing fence boundary, the fence is owned by the neighbour. This was for aesthetic reasons, to mask the fence, to encourage wildlife as well as to shield us from their bathroom window by allowing the hedge or parts of it to grow.

The neighbour has recently informed us that their building insurance requires any growth within 20 ft of their garage to be kept to below 10 feet. We informed them that we would be happy for them to cut the hedge themselves as long as they cleared up the mess, and anything they could not reach we would have the gardener cut at their expense.

There is history here in that he severely cut the hedge back a while ago, following a misunderstanding about his intentions, trespassed on our property and left us a very significant amount of waste to dispose of ourselves.

His recent communication makes it clear that he believes that the law allows him to demand that we maintain the hedge to his requirements. I do not believe that is the case, and in fact we have no obligation to maintain the hedge at all if we so chose to.

That would be unreasonable though, and we felt our proposal was fair given the circumstances.

Anyone able to definitively say that his interpretation of the law is incorrect?

Thanks

 

[Hivemaker.]

but if it is a field rember the ditch is the boundry not the hedge

What if there is no ditch?

Is it a legal requirement to dig one, and if so, which side of the hedge should it be dug on.

 

[theeggman]

I think that if a hedge on a boundary is over 2m high the council and or the law can get involved, it's aimed at conifer hedges but applies to all.

A quick search on the web should give you the answer, I think it's a fairly recent change to the law.

Tim.

P.S. HM, like you our hedges are on top of a bank, no ditch. but the hedge owner owns ALL of the bank right to the far side.

 

[theeggman]

The following link may help.

http://www.mylawyer.co.uk/high-hedges-a-A76076D35161/

 

[yeogi75]

if the hedge is yours then the ditch is on your side of hedge, the fence or hedge is the boundary,

 

[SimonB]

Thanks, I'm aware of the ASB act, and it does not apply here for the particular circumstances that the neighbour is claiming the hedge needs to be cut for. Since it is on a south facing boundary there should be no affect on light.

I'm not one to resort to the law, and was willing to find a reasonable solution, but the latest communication implies he will not back down, so I wanted to check that his 'ruling' is invalid.

He also claims that the hedge now forms the boundary, rather than the pre-existing fence, and that that places additional obligations on us. Anyone know if that is true?

 

[yeogi75]

the original fence line even if its only the post left still remain the boundary, as far as I know and its a long time I was involved in this and the laws have changed since if its a tree hedge and near to his property then under ground roots may apply but if its a mixed hedge and its yours there is no compulsion to cut down below natural growth height ,unless its laylandii or similar family, the laws have changed to take into light and social access to privacy, I would first before going down the legal path check with your deeds as where the boundary is so you don't come across a problem as the boundary line has not been moved before you taken over the property, I think you need to see someone at the council to see if you are required to trim or maintain the hedge to a specific requirement as each council area has different ideas hope that helps a bit, but once you go down the legal road there is no turning back

 

[SimonB]

Thanks - he is the one that is referencing the law, I have no inclination to get involved in a legal wrangle, I just object to his bullying tactics.

We have now agreed to cut the hedge on a yearly basis, in order to pacify him since I think there is a likelihood that he will take matters into his own hands and I simply don't need the hassle of any further dispute. I really just wanted to get peace of mind that he is in the wrong. I am sure that he is but was hoping someone on here may be intimately familiar with the law in this area.

 

[theeggman]

I sometimes lose the will to live!

Tim.

 

[midnight sun]

Thanks, I'm aware of the ASB act, and it does not apply here for the particular circumstances that the neighbour is claiming the hedge needs to be cut for. Since it is on a south facing boundary there should be no affect on light.

I'm not one to resort to the law, and was willing to find a reasonable solution, but the latest communication implies he will not back down, so I wanted to check that his 'ruling' is invalid.

He also claims that the hedge now forms the boundary, rather than the pre-existing fence, and that that places additional obligations on us. Anyone know if that is true?

In order for a boundary to 'change', it must be done 'on paper' at the land registry. Boundaries cannot change for instance, if someone just stakes a claim by moving a fence or erecting a shed.
Local council should be able to advise on this matter. (they have well paid lawyers for planning)
Hope that helps

 

[yeogi75]

In order for a boundary to 'change', it must be done 'on paper' at the land registry. Boundaries cannot change for instance, if someone just stakes a claim by moving a fence or erecting a shed.
Local council should be able to advise on this matter. (they have well paid lawyers for planning)
Hope that helps

mine isn't , I had a old garage at the rear boundary and I wanted to concrete post in but the foundations was two inches away so my boundary fence is eighteen inches inside my boundary, since then the building has been pulled down and the base remove ,so the neighbour has eighteen inches of my garden

 

[midnight sun]

mine isn't , I had a old garage at the rear boundary and I wanted to concrete post in but the foundations was two inches away so my boundary fence is eighteen inches inside my boundary, since then the building has been pulled down and the base remove ,so the neighbour has eighteen inches of my garden

You can take it back but it will upset your neighbour. Depends how bad you want it. Your neighbour has no official right to what he has taken
Rule still applies. Ask land registry.

 

[yeogi75]

You can take it back but it will upset your neighbour. Depends how bad you want it. Your neighbour has no official right to what he has taken
Rule still applies. Ask land registry.

I don't want it back,ill have to move the fence with two barrows of concrete around three feet of post

 

[MuswellMetro]

What if there is no ditch?

Is it a legal requirement to dig one, and if so, which side of the hedge should it be dug on.

check the tithe map or the deeds as it should have details of marker stones, though if says the marker is a tree then you may have us lost or gained half an acre

 

[wessexmario]

The law is quite clear on plants, if it overhangs or the roots protrude into a neighbours land, he may cut them off at the boundary. (and offer the cuttings back to the plant owner)
The difficult to answer question is where is the boundary?
Normally the outside edge of any hard fence, but there's nothing to say that the fence has to be on the actual boundary, it could be inside it.

The neighbour has no claim on a plant that is not on his land contravening the conditions of his own insurance. It's his fault for building so close to his own boundary or for choosing an insurer who makes demands of his policy holder's neighbour without that neighbour's prior agreement. All of course unless there was some formal agreement between the neighbours or land covenant already in place covering that issue.

 

[BeeJayBee]

He also claims that the hedge now forms the boundary, rather than the pre-existing fence, and that that places additional obligations on us. Anyone know if that is true?

Absolute nonsense!

You can put whatever plants you like in your garden, wherever you want to put them.

Planting a line of shrubs and letting them grow together so as to form a single, continuous, group that some people call a hedge is not moving the boundary. Would they have said the same if you'd put a line of shrubs down the middle of your garden?

You could solve the problem by removing every third plant, or carefully pruning them into groups of two! The high hedges legislation, for example, only refers to groups of two or more evergreens! Deciduous hedges were not included in this legislation because the leaf cover doesn't last for a full year.

As far as I know there is no legislation setting a maximum height for deciduous hedges (ours are probably about 15ft high, all of them are, they were that height when we each moved in and they've stayed that way) and indeed, some people are quite able to get round restrictions for 1metre maximum fence height close to a highway by planting a hedge just inside the fence and letting it grow taller. In that instance there is no question of the council grabbing the land between the fence and rootline of the inner hedge, calling it there own!

There may be local covenants which would be within your title - check carefully.

You do not have to comply with conditions set by your neighbour's insurers, unless it is proved that your actions have damaged their property. Your own insurance should have public liability cover, and probably legal cover - but this is not retrospective and there's usually a delay of weeks or months to ensure people don't suddenly try to insure for something that's already happening. Possibly a good idea to speak to your insurers, just to be sure, in case next door tries to escalate things.

The difficult to answer question is where is the boundary?
Normally the outside edge of any hard fence, but there's nothing to say that the fence has to be on the actual boundary, it could be inside it.

That's muddying the waters. The acknowledged boundary between these properties appears to have been the fence line until the shrubs were planted and until they grew together to form something called a hedge. Then neighbour wanted to do a land grab!

Why not have a chat with these people? http://www.resolvemediation.com/index.php?option=com_content&task=view&id=43&Itemid=70 They may be able to give you some advice even though they don't cover your area. It should be free of charge.

P.S There this in High Wycombe http://www.mediationbucks.org.uk/ and this in Farnham http://www.mediationfirst.org/ Others can be found using this website http://www.findcommunitymediation.co.uk/index.php