Conveyancer, some good points there, I very much appreciate your interest and neutral, common sense approach.
andrew54 wrote:And although the high growth is into next doors airspace I would still argue that the hedge, taken as a whole, is situated on land owned by aixlad.
Possibly, but I could guess with reasonable accuracy that currently, approximately 10% of the whole volume of the trees are in my garden (because I cut my side), and the other 90% of the volume occupies my neighbours garden! So even though I am the grower, how can I be held responsible for what my neighbour does the other side of the fence? They've never requested that I trim their side, although I did verbally offer some years ago.
andrew54 wrote:The hedge is nothing to do with the neighbour. He didn't plant it. He doesn't own it. He has no duty to maintain it.
With respect, I very much appreciate your helpful comments, and no offence is intended, but I think you've missed the point here. My neighbour has intentionally allowed his side of my trees to grow in order to provide a privacy screen to suit his own purposes. The trees I planted were never intended to gain any more than 2m in height.
andrew54 wrote:He has no duty to maintain it.
So you are saying that he has no reasonable duty of care to ensure that his side of the trees are maintained?
Conveyancer wrote:…applies to a complaint which is made…by an owner or occupier of a domestic property; and alleges that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.
I think this statement sums up why I feel the Council has wrongly issued me with the Remedial Action notice.
Thanks for all the comments