I WON’T chop my hedge back even though it’s poking into neighbour’s garden – it’s not MY job to keep his backyard pretty
A REDDIT user is engaged in a fierce clash with their neighbour over an encroaching hedge which they refuse to trim back.
They took to the platform to share their frustration saying how it’s not their job to keep their neighbours‘ gardens pretty.
Explaining the predicament they wrote: “At the back of us has let their side of our laurel hedge grow for years, so it’s sticking out really far into their garden.
“We’ve been here over 7 years and they’ve never mentioned it until this year, and they’re demanding we pay to get it cut.
“We’ve had a quote and it’s a lot of work, and the guy has come round to ours really aggressive and having a go at me, and I’m really not happy.”
The disgruntled Redditor continued to say that there was no problem with the height of the hedge.
“I’m familiar with high hedges law, and my understanding is the only thing the law says is about the height, and overhanging public highways etc, and that’s it for owners’ responsibility,” they said.
“Other than that, you’re responsible for your side of the hedge, no matter who owns it. Am I right?
So what are you rights if this happens to you?
Disputes over hedges are not uncommon – a Quora user recently got into a heated situation after his neighbour demanded he cut down his trees as they want to build a swimming pool.
Meanwhile, another household is angry because their neighbour’s tree blocks the sunlight coming into their garden.
It’s a good idea to find out what you can do if you and your neighbour have any disagreement about hedges and trees on the properties.
Is the hedge protected?
Another thing you need to do is to see if the hedge is protected by checking whether there is a tree preservation order or whether it’s in a conservation area.
You can do this by asking your local council to check on the local map of your area.
If the hedge is protected, the neighbour should also not carry out any work to it without permission from the local authority.
Could I get compensation?
It may seem obvious but talking to your neighbours could prevent any escalation of the matter – so ask them to explain their action and see them if they’re willing to offer a solution.
But if there is no way to resolve it easily and you would like to take legal action, it’s worth noting that whether your compensation claims can succeed will depend on the court’s view of the extent of damage.
“The damages will not be significant unless irreversible harm has been done to the trees, in which case it may be possible to claim for the reasonable costs of replacement, ” Joanne said.
“An ‘aggravated’ damages award can be made in exceptional circumstances in a trespass case when the trespass has been particularly menacing.”
Here are your rights if your neighbour’s garden room overhangs onto your property.
Driveways can also cause problems – we explain what you can do if your neighbour keeps blocking your driveway.
For others, nosey neighbours are an issue, check out what can be done to alleviate the problem.
What are your rights over neighbouring hedges?
By Marc Shoffman
OVERGROWN hedges are a common source of neighbourly disputes, but what are your rights if your neighbour’s hedge is taking over your garden?
Hedges do have benefits for homeowners as they provide security, as well as shade and a home for wildlife.
But an overgrown hedge from the next door garden can be a nuisance.
It may block the light and sunshine into your garden, which can be pretty annoying in the summer.
Plus, your garden could be messed up with its dropped leaves and twigs.
So what are your rights?
If you’re in a disagreement with your neighbours over their hedge, there are some steps you can take to try to get the situation sorted.
A useful first port of call is the government guidance on hedge heights, which lays out the rules on when a garden growth has gotten out of control.
The Royal Horticultural Society (RHS) suggests that homeowners should use this guidance first before involving lawyers.
It said: “Where you feel that a hedge is too tall and affects the ‘reasonable’ enjoyment of your house or garden, the first step is to negotiate with your neighbours.
“Keep a copy of any letters to demonstrate you have tried.”
If this fails, you can contact your local council to enquire about using the high hedges legislation.
You can find your local council using the Gov.uk website.
There is no guarantee your council will intervene, and there is a fee for making a complaint, typically £400, to deter frivolous applications.
Your local authority will consider both sides’ cases and make a decision.
If the council accepts your complaint, it will issue a notice for the hedge to be cut to a requested height by a set deadline.
Councils have the power to fine homeowners up to £1,000 if they refuse to comply with orders to cut hedges back.
But the neighbour is also able to appeal the decision.
Even if the hedge is within the legal height, your neighbour is responsible for maintaining it so it doesn’t damage your property.
You are also able to trim back any overgrown parts of the hedge that are covering your own boundary, according to Citizens Advice.
But don’t be tempted to trim the whole hedge down – if you are cutting it back you should also check if it’s protected by a tree preservation order.
There is also the option of getting legal advice and taking your neighbour to court if the issue can’t be resolved, but this can be pricey.