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Fence removed but will my neighbour now be permitted to cut my hedge even though it is on my property and within the former boundary?
A council tenant has taken down a chain link fence at the side of my property which is the council boundary and they have refused to replace it as they say my hedge now forms the boundary. I'm asking for this fencing to be replaced so the tenant knows where the boundary is and can only maintain her side. This will stop her cutting my hedge. Where do I stand on this matter? Can you help.
If it is the council's fence then the council can remove it although the tenant should have not done so without their permission.
However there is no formal requirement on a property owner to fence their property unless there is a specific clause in the title documents or lease. The boundary should stay were it is and you would be well advised to mark where it was with pegs if necessary. Your neighbour would then not be permitted to cut the hedge unless the branches extend out over the boundary and you would be well advised to maintain it from within the marked boundary.
If your hedge grows to more than 2m in England and Wales and is evergreen or semi-evergreen your neighbour can complain to the local authority which can order to reduce the height, but they will not be allowed to trim the height of the hedge themselves. Furthermore they must try to resolve the complaint with you before approaching the local authority, and they may be charged a substantial fee before the local authority will consider the complaint. In any case either you or your neighbour can appeal against the local authority's decision.
I hope this advice is of assistance.
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