Hedge Cutting, who is responsible?

Hedge Cutting, who is responsible?

Postby aixlad » Sun Apr 16, 2006 12:56 am

Hi, I'm new to this site, I've had a quick browse around but can't find an answer to my question :cry: . Hopefully someone can help me out :D

I have a Leylandii hedge which forms a boundary between my property and my neighbour's. I've annually trimmed my side, and maintained a height of 2m, however my neighbour prefers a bit of free growth in his garden and has allowed his side of my hedge to grow to 7m in height! He likes this, as it provides him with the privacy he desires, and I don't particularly care. The law states that he can trim off any growth that crosses the boundary into his garden, but he's chosen not to exercise this right. OK, by me, but now a third neighbour has complained to the council (High Hedges) about the height of my hedge. So my question is, am I responsible for cutting and maintaining my neighbour's side of my hedge? He has the common law right to trim it back, but if he chooses not to do so then does the responsibility revert back to me?

Any advice appreciated, keep up the good work :D
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Postby LordMulberry » Sun Apr 16, 2006 8:27 am

I believe that there is a formula for deciding how high a hedge can be. Depends on ho much shadow is caused to the adjoining property etc. I find it hard to understand how a neighbour who is not directly affected by the height could have a case. Besides it will cost him a fair bit of money to get the Council to investigate (some Council's quote between £3-400). The Council should advise him that his petition will fail and not take his money.
As for who is responsible for cutting the hedge down to the required height, assuming this unaffected neighbour does have a case, it's your hedge so you are. You may be able to persuade the neighbour who has let the hedge grow to assist you.
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Postby despair » Sun Apr 16, 2006 9:57 am

7 metres is a totally crazy height for any hedge and if a 3rd neighbour is affected by this height it should be very interesting to see what a local council will say

see www.hedgeline.org for full info on fees ,details etc

I would be cussed and cut your hedge right through at 2 metres ..........since its your hedge you can do as you like

Tell the neighbour who is so privacy mad that new high hedge law requires you to maintain the hedge at 2 metres ..........end of subject
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Postby Treeman » Sun Apr 16, 2006 10:34 am

despair wrote:Tell the neighbour who is so privacy mad that new high hedge law requires you to maintain the hedge at 2 metres ..........end of subject

That would be a lie. Should we be encouraging people to lie?

Treeman
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Postby despair » Sun Apr 16, 2006 10:44 am

should we encourage people to have 7 metre high hedges !!!

whats a few white lies .........its the poster hedge after all which is 2 metres his side
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Postby aixlad » Sun Apr 16, 2006 12:42 pm

Thanks for all the replies, and so prompt :D My question remains, who is responsible for cutting my neighbours side of my hedge? The hedge has grown through the boundary post and wire fence onto his side, and his preference is not to cut it, because he likes it! He has the right to cut off the overhanging growth but has chosen not to do so. Subsequently, I've maintained my side of the hedge at 2m high, but because he chooses not to cut his side the hedge is now 2-3 metres wide, clearly I can't cut this width because it's inaccessible from my side, and would involve me having to lean over the boundary line (he owns the boundary), over his property, clippings would then fall onto his property, and given he does not want it cutting I could be in trouble! :shock: He wants his side of the hedge high, to maintain his privacy, that's up to him, I don't mind. This is not a great long length of unmanageable hedging, it's only about 5m long in all. With any boundary hedge, large or small, legally is the grower responsible for maintaining BOTH sides?

Thanks again :wink:
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Postby despair » Sun Apr 16, 2006 12:51 pm

Legally you do not have to cut your hedge on your neighbours side

If he requests that you cut it and you refuse he could if he wished call in tree surgeons and sue you for the costs of cutting back to the boundary

It has been done

Hence the law is not black and white
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Postby Conveyancer » Sun Apr 16, 2006 2:32 pm

Shouldn't the third party be complaining to your neighbour and not to you?
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Postby aixlad » Sun Apr 16, 2006 3:51 pm

Conveyancer wrote:Shouldn't the third party be complaining to your neighbour and not to you?

Exactly, thanks for your refreshing common sense approach! Even though my neighbour wishes my hedge (growing through to his side) to be high, and my side is annually maintained to a height of 2m, the Council in their ultimate wisdom have issued me with a Remedial Action Notice! LOL
Last edited by aixlad on Sun Apr 16, 2006 4:12 pm, edited 1 time in total.
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Postby aixlad » Sun Apr 16, 2006 4:11 pm

despair wrote:Legally you do not have to cut your hedge on your neighbours side

I don't doubt your word for a moment, but is there anything I can read to substantiate this?

despair wrote:If he requests that you cut it and you refuse he could if he wished call in tree surgeons and sue you for the costs of cutting back to the boundary

Mmm, even though it's obvious that he's decided to turn a 2m high hedge into a 7m high screen? How can he allow the trees to grow through his lack of action, to serve his own purposes, and then when the complaints start, issue me with a bill? I can't see this, surely he's been negligent over the years, so why should I be responsible for a hefty bill? By the way, he's never requested that I cut his side of the hedge although I offered several years ago, which he declined (unfortunately this was a verbal offer, so no proof).

despair wrote:Hence the law is not black and white

You can say that again!

despair wrote:Hence the law is not black and white

:D
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Postby despair » Sun Apr 16, 2006 4:59 pm

Effectively he has refused to allow you to cut it therefore now the council have ordered it to be cut i believe he should foot the bill

He will also now have to accept the decreed height FOREVER

Once a High Hedge Law ruling is made tthe hedge must be maintained at that height
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Postby andrew54 » Sun Apr 16, 2006 5:08 pm

aixlad wrote: My question remains, who is responsible for cutting my neighbours side of my hedge?


I think the answer is that no-one is responsible for cutting the hedge, it can remain un-cut. If someone was succesful in getting it cut under the high hedge regulations then it would be your responsibility, as it is your hedge.
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Postby Conveyancer » Sun Apr 16, 2006 5:32 pm

aixlad wrote:
Conveyancer wrote:Shouldn't the third party be complaining to your neighbour and not to you?

Exactly, thanks for your refreshing common sense approach! Even though my neighbour wishes my hedge (growing through to his side) to be high, and my side is annually maintained to a height of 2m, the Council in their ultimate wisdom have issued me with a Remedial Action Notice! LOL


I think you need to appeal the notice, making the point that you cannot comply with it without commiting trespass.
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Postby despair » Sun Apr 16, 2006 5:43 pm

Why should he have to appeal the notice

Its up to his crazy 7metre high loving neighbour to face the music and accept responsibility ............after all his behaviour is apparently affecting a 3rd neighbour
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Postby Conveyancer » Sun Apr 16, 2006 6:22 pm

I am assuming the notice is addressed aixlad and not the neighbour.
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