Hedge in front of my front door

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Holly2019
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Joined: Sat Jul 06, 2024 10:39 pm

Hedge in front of my front door

Post by Holly2019 »

I am after a bit of advice, we have lived in our property for 17year with no issues. A new lady has moved in next door and removed the ground level planting, and planted a large hedge which she said she intend to grow to a height of 2m! The positioning of my front door places the hedge right in front of my door (less that 1.2m) and it will grow over my boundary potentially blocking access. Is she allowed to do that?

I have tried to upload pictures but it won’t let me
vuego100
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Joined: Thu Feb 20, 2020 6:38 pm

Re: Hedge in front of my front door

Post by vuego100 »

Once you've posted 3 times you can upload.
You will be able to trim any part of the hedge that comes over your boundary. Your neighbour would be restricted to 1m height if the hedge is adjacent to a highway used by vehicles (or highway footpath) or anything in the deeds for the properties includes restrictions on heights at the front of your properties, many estates do.
Download yours & neighbours documents from land registry website to check the wording, let us know if it mentions anything.
What's the layout? Does your front door face the side of your neighbours property?
MacadamB53
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Re: Hedge in front of my front door

Post by MacadamB53 »

vuego100 wrote: Mon Jul 08, 2024 12:44 pm Once you've posted 3 times you can upload.
You will be able to trim any part of the hedge that comes over your boundary. Your neighbour would be restricted to 1m height if the hedge is adjacent to a highway used by vehicles (or highway footpath) or anything in the deeds for the properties includes restrictions on heights at the front of your properties, many estates do.
Download yours & neighbours documents from land registry website to check the wording, let us know if it mentions anything.
What's the layout? Does your front door face the side of your neighbours property?
this is not correct because 1. hedges aren’t considered “development” so, unlike fences/walls, their not subject to planning law and 2. even if they were, one may still have a fence/wall taller than 1m adjacent to a highway used by vehicles (or highway footpath) if one has gained planning permission for it (or it has been there long enough to time-bar enforcement action).

your assertion that if there’s anything in the deeds for the properties that includes restrictions on heights then the neighbour would be restricted by this is also misleading - any such covenants may have already been breached elsewhere in the estate rendering them effectively meaningless.

kind regards, Mac
vuego100
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Re: Hedge in front of my front door

Post by vuego100 »

MacadamB53 wrote: Mon Jul 08, 2024 1:26 pm this is not correct because 1. hedges aren’t considered “development” so, unlike fences/walls, their not subject to planning law and 2. even if they were, one may still have a fence/wall taller than 1m adjacent to a highway used by vehicles (or highway footpath) if one has gained planning permission for it (or it has been there long enough to time-bar enforcement action).
Yes apologies, fence not hedge. However, If the hedge causes issues with vehicle line of site then the council/planning may have something to say about it.
MacadamB53 wrote: Mon Jul 08, 2024 1:26 pm your assertion that if there’s anything in the deeds for the properties that includes restrictions on heights then the neighbour would be restricted by this is also misleading - any such covenants may have already been breached elsewhere in the estate rendering them effectively meaningless.
It's not really meaningless or misleading. If a covenant exists and no property has breached it then it's entirely relevant. We don't know the area. Plus, just having this information could be all the OP needs to get the neighbour to re-think.
MacadamB53
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Re: Hedge in front of my front door

Post by MacadamB53 »

vuego100 wrote: Mon Jul 08, 2024 2:06 pm
MacadamB53 wrote: Mon Jul 08, 2024 1:26 pm this is not correct because 1. hedges aren’t considered “development” so, unlike fences/walls, their not subject to planning law and 2. even if they were, one may still have a fence/wall taller than 1m adjacent to a highway used by vehicles (or highway footpath) if one has gained planning permission for it (or it has been there long enough to time-bar enforcement action).
Yes apologies, fence not hedge. However, If the hedge causes issues with vehicle line of site then the council/planning may have something to say about it.
MacadamB53 wrote: Mon Jul 08, 2024 1:26 pm your assertion that if there’s anything in the deeds for the properties that includes restrictions on heights then the neighbour would be restricted by this is also misleading - any such covenants may have already been breached elsewhere in the estate rendering them effectively meaningless.
It's not really meaningless or misleading. If a covenant exists and no property has breached it then it's entirely relevant. We don't know the area. Plus, just having this information could be all the OP needs to get the neighbour to re-think.
I stand by my observation - your assertion that if there’s anything in the deeds for the properties that includes restrictions on heights then the neighbour WOULD be restricted by this is misleading - precisely because e.g. we don’t know the area.

the word “MAY” seems more appropriate and would benefit from further clarification…

kind regards, Mac
PS would be interested to see example a council/planning having “something to say” about a hedge causing issues with vehicle line of SIGHT if you’ve got any…
mr sheen
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Re: Hedge in front of my front door

Post by mr sheen »

Neighbour has right to use their land as they wish.

You have the right to remove any and all overgrowth that comes over your boundary.

I agree with Mac that restrictive covenants, especially on established developments, are pretty meaningless since there are likely to be lots of breaches that have been accepted (1year of failing to take action has been enough in cases); very high costs of taking legal action and high risk of not winning due to legal technicalities in the deeds, widespread breaches making them the norm; failure to have losses as a direct result of a breach. Also if there are any breaches on your property you fail to meet the ‘clean hands’ principle so a court will not be interested since the court cannot determine which breach is worse and cannot be expected to enforce a restrictive covenant against someone else if you have breached any of the same covenants oneself.

Restrictive covenants are used by developers to keep a development looking nice whilst the properties are being sold. Developers do enforce restrictive covenants but when they leave most residents would not wish to allocate masses of their hard earned cash on a chance of getting a hedge reduced in size or moved to 1m away etc. and this would probably not be the outcome anyway since compensation for the impact of the breach is usually the outcome which would be minute in comparison with legal costs.

Very expensive properties have been subject to enforcement by neighbours, usually as a group sharing costs, where breaches may lead to substantial devaluing of neighbouring properties. Also the fairly recent trend of developments being unadopted by LA having management fees and mgt companies might see some increased enforcement since the mgt companies are playing with OPM (other people’s money) so no risk to them.
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