Height of a hedge

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lone chippy
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Joined: Wed Jul 19, 2006 9:42 pm

Height of a hedge

Post by lone chippy » Fri Jul 21, 2006 7:13 pm

Hi all

Sorry if this has been covered a million times over but what I would like to know is :

Is there a law to how high a dividing hedge can be if it is not causing any restrictions of light or any other problems at all to your neigbour other than blocking there view into the garden.

We already know a fence can only be 6ft 6".

Also if you have a border set in a metre from your existing boundary which has shrubs , is there a restriction to this also .

Last of all if you have trees in your garden do they have to be cut down to a certain height also .

Sorry if this has all been covered before but I would be most gratful

Many Thanks

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Post by Conveyancer » Fri Jul 21, 2006 7:31 pm

A right to light can only be enjoyed by a window in a building.

A tree or shrub cannot block a right to light.

Unless your property is subject to a planning restriction or some covenant, you can grow trees and shrubs as high as you like.

The High Hedges legislation does not actually say that you cannot grow evergreen hedges above a certain height, it just allows for some degree of control in certain circumstances following a complaint.
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lone chippy
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Joined: Wed Jul 19, 2006 9:42 pm

Post by lone chippy » Mon Jul 24, 2006 11:30 pm

So if we had an evergreen border of shubs at about 8 / 9 ft tall one metre in from our existing hedge that was about 7 metres away from next doors property which happens to be a barn and their house is actually the other side of this barn which also happens to be a 2 story building , this would be acceptable and not considered to be anti social behaviour.

P.S The barn is used as a motorbike workshop so there is noise and he rides the motorbikes up along side the hedge .

We just want a bit of privacy and to block some of the noise.

Thanks all .

P.S If we plant some trees in the garden as well is this o.k

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Post by despair » Mon Jul 24, 2006 11:39 pm

from what you describe you could grow a hedge to dizzy heights and shrubs in a border too without ever possibly being guilty of anti social behaviour

Its your motor bike riding neighbour who is guilty of being ANTI SOCIAL if he is disturbing you like that

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Post by patdavies » Tue Jul 25, 2006 8:07 am

lone chippy wrote:
P.S The barn is used as a motorbike workshop so there is noise and he rides the motorbikes up along side the hedge .

We just want a bit of privacy and to block some of the noise.

He's not carrying on a business from home without the requisite change of use planning permission is he?

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Proper use of rights of way

Post by alibaba » Tue Jul 25, 2006 12:14 pm

I have a similar problem to KarenEssex. A weekend cottage I own has a right of way across the backs (directly under the kitchen windows between cottage and garden) which is described in the deeds as a foot or barrow way. There are 10 cottages in the row and mine is 4th from the entrance end. The 1st and 2nd have no gardens and are effectively open to the (private and belonging to its own residents) road which curves round the back of the cottages. The 3rd is owned by a couple who are currently renovating it and, like me, are frequently absent.

The original aim of the right of way was clearly to allow residents to transport coal from the road end to the brick built coal sheds in the back gardens. The sheds are mostly in pairs in alternate gardens so that those who do not have the shed in their own garden have a further right of way to their shed which is normally in the garden of the next cottage up. On the plans, the ground on which the shed is built is shown as part of the property to which it belongs. Ie, my property is shown on the plan outlined in pink and then there is a further "island" in the garden of the 5th cottage also outlined in pink and with my house number written on it.

One of the occupants of the 5th cottage (he is same censored partner of the owner) has recently acquired a motorbike which he rides across the backs of the cottages and parks in his yard in a position which blocks my access to my coalshed where I keep my garden tools.

When I protested that the right of way was unlikely to cover passage by motor bike I was told to piss off and he threatened to slash my car tyres and demolish my shed. There have also over the past year or so been numerous acts of petty spiteful vandalism to my house and garden (the nature of some of which leads me to doubt his sanity) starting from the time last summer when I removed 4 leylandii which he had planted over my side of the boundary in a gap in the hedge between our gardens (I planted them in vacant ground on the other side of his garden after removing them). Recently he has also erected fences in the 2 gaps in the hedge. These are wholly over my side of the boundary, at one point by over a foot.

Questions: 1. Can a motorbike properly be ridden across a foot and barrow way? Case law references welcomed. 2. Suggestions for remedies to the several problems.

NB The police, whom I contacted as a result of the threats, were singularly unhelpful, suggesting that he should be able to bring the bike through my yard into his as he needed somewhere to keep it and that we should get together for a friendly discussion. The latter is simply not feasible, although, on the rare occasions I see him, it is possible to speak in a friendly way to the owner although without any resulting action.

lone chippy
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Joined: Wed Jul 19, 2006 9:42 pm

Post by lone chippy » Tue Jul 25, 2006 6:20 pm

I dont know about the planning ? I thought you could do what you like with a barn ?

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