Garden Law Discussion

emkat · Joined: 05 Jun 2006 Posts: 2

Hi all,

First post here so forgive me if I ramble Smile

I'm at a bit of an impasse with my neighbour over his beech hedge. The hedge was planted double width by the previous owners (approx. 10 years ago), right along the boundary line. This runs down from the side of his house to the pavement, our drive is on the other side. When we moved in (5 yrs ago), the hedge was 3ft high and could you see over and through it.

The problem that we have with the hedge is that his house is on the corner of a T-junction and the hedge obstucts our view of the main road traffic and cars coming round the corner, which makes getting off our drive 'interesting' at best. I have spoken to him previously asking whether he would trim the hedge, only to be told 'that he has no plans to cut the hedge, but if i tell him which bits need trimming he will do it!' Unfortunately, his idea of trimming tends to vary on which bit of the hedge he is doing - his side and the front is about 1ft lower than when it gets round to us - and he barely removes leaves from the front which is the bit that really matters to us

Can i trim the corner of the hedge to make visibility easier for us? the hedge extends about 6ins onto the pavement. I have recently cut back the side hedge (our side), but this only makes access easier up the drive, not the view down the road.

Any advice would be most welcome. We are not at war, but do worry about losing the back end of our car someday. His car/driveway is not a problem to him as the garage is round the corner at the back of the house and he uses the back entrance to the house, so having a solid 7-8ft hedge surround his house is obviously not a problem Rolling Eyes

thanks
em

despair · Joined: 14 Mar 2005 Posts: 11135

You could try contacting the Highways Officer at your Local Council

otherwise it may have to come to all out war and forcing the idiot to sit in a car on your side and see the problem but sadly IMHE I hold out little hope of much changing

The law seems to be an ass on such things

You cannot install a fence higher than 1 metre which actually you cant generally see over in most cars but you can grow vegetation to any dizzy height and censored your neighbours safe exit onto the road

What is worse is its you that is wholly responsible should an accident occur

obscured by clouds · Joined: 03 Apr 2006 Posts: 807

the Highways bods will enforce this if they think road safety is being compromised.
If the hedge also effects 'other road users' or pedestrians then I would expect them to definitely enforce a trim.

despair · Joined: 14 Mar 2005 Posts: 11135

Highway bods do not always enforce such things sadly no matter how much safety is compromised

emkat · Joined: 05 Jun 2006 Posts: 2

Thanks for your replies.

The council cannot do anything as it is private property. They were very understanding, but ultimately useless and said that unless the hedge was an obstruction, there hands were tied.

I am now toying with cutting/trimming back the front of the hedge where it is overgrowing the pavement. Does this mean that i am breaking any laws/ is the hedge still his?

em

despair · Joined: 14 Mar 2005 Posts: 11135

I know all too well your predicament

If you cut the hedge back the owner could have you done for criminal damage

as I said the law is an ass on this situation

andrew54 · Joined: 14 Dec 2005 Posts: 5342 Location: north yorkshire

despair · Joined: 14 Mar 2005 Posts: 11135

If theres no pavement outside your drive you are still in big trouble

andrew54 · Joined: 14 Dec 2005 Posts: 5342 Location: north yorkshire

despair · Joined: 14 Mar 2005 Posts: 11135

I know Andrew that in this case its 6 inches over the pavement but even if that was cut back it will still obscure /stop any visibility of pedistrians or oncoming traffic

Such situations are a nightmare

black dog · Joined: 21 Feb 2006 Posts: 408

As your property sits on the main road - a phone call to the highways department would be my first point of call. They have very strict rules about lines of sight and visibility splays, you may find they will contact the neighbour and ask them to deal with the hedge as it constitues a hazard to the highway. The rules for lines of sight and visibility splays on main roads are quite clear and you should be able to see the highway for 90 feet in either direction ( where the road permits) whilst 2 metres back from the Road , in a 30 mile an hour limit - ( that is the criteria for North Yorks ) If you are unable to see past the hedge this constitutes a serious road safety problem. If it is anything like our road, the motorists don't adhere to the speed limits and you take you life into your hands every time you emerge from your drive.( even without a high hedge)
Surely rules applied to fencing and the highway apply equally to hedges. Does it have to take an accident to force some kind of action.

despair · Joined: 14 Mar 2005 Posts: 11135

fedup

If only the rules did apply or were applied

Believe me I have tried

Even a deadly accident will not convince some crazy /selfish/pig headed people to consider the road safety of their neighbours

black dog · Joined: 21 Feb 2006 Posts: 408

Its quite sickening that someone can allow a hedge to become a serious road hazard and yet it you wanted to extend your property - the highways can prevent the permission being granted due to poor visability splays!!!