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Neighbour refuses to cut or reduce the height of a hedge: what can I do?
My neighbour owns a 10 feet tall Leylandii hedge between our front gardens. He cuts the top and his side but refuses to maintain my side. It is too tall for me to cut safely so I have asked him either to cut my side as well as his own or to reduce the height so that I am able to cut it myself. He refuses and says that he is not obliged to cut my side. He also says that I will be contravening the laws of trespass if I reduce the height. I cannot afford to pay somebody to cut it every year. What should I do?
As the law stands you are required to cut the hedge on your side and your neighbour on his side. It sounds as though you are willing to do this but will be only able to do so if he reduces the height.
If a neighbour’s hedge is tall and blocks out light, the person affected by the nuisance can prune the roots or branches.
However, no one should attempt to reduce the height of a hedge without obtaining advice from a solicitor.
In England and Wales you have the right to complain to the local authority if your residential property is affected by a neighbour’s evergreen or semi-evergreen hedge which is more than two metres high.
This may result in your neighbour having to reduce the height of their hedge. You must try to resolve the complaint with your neighbour before going to the local authority, and you may be charged a substantial fee before the local authority will consider the complaint. Either you or your neighbour can appeal against the local authority's decision.
In fact far fewer of these cases have been brought than anyone expected, partially because cases have been resolved by mediation and discussion between the parties and in some cases the local authority is willing to mediate free of charge (with the implied threat of compulsion behind it).
I have attached a letter you might adapt and send to your neighbour regarding the hedge which might resolve matters.
Come back to me if the problem persists.
Summary:
The law, which applies to all evergreen hedges which are at least two metres high, is very specific on what processes must be followed:
1. First, the complainant must try and resolve the matter privately before approaching the council for help.
2. The charge for getting the council to investigate is substantial - around £300, which is payable by the complainant.
3. A council officer will visit the premises and look at the hedge in question, assessing if it has, in the words of the Act, an adverse impact on the reasonable enjoyment of a neighbour’s home and garden. If this is deemed to be the case, the council can order the hedge to be cut to a reasonable height set by the officer.
4. All parties involved have a right of appeal against any decision that is made.
5. Failure to comply with a remedial notice, which requires a person to reduce the height of a hedge, could mean a fine of up to £1,000.
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