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General => The Shed => Topic started by: Trixiebelle on April 05, 2006, 16:25:39

Title: Legal Hedge Question ...
Post by: Trixiebelle on April 05, 2006, 16:25:39
My house is south facing and my front garden is really small. There's a fence @ the end of the garden approx: 15 mtrs, above which is a HUGE number of holly trees belonging to next door ... and they are now approx. 30ft tall, blocking out the sunlight to my garden/house and bending my fence inwards!

I wrote next-door neighbour a note a couple of weeks ago asking him if I could cut them back but he hasn't replied and I'm not holding my breath! He doesn't like me and goes to GREAT lengths to avoid me. Quite amusing last week when he came out of his front door at the same time as me and found something REALLY INTERESTING on his garden wall to study! I found something EQUALLY interesting to study in the boot of my car .... he was late to work that morning! There's more in the boot of my car than on his garden wall  ;D

But can I cut them down and where do I stand 'law-wise'?? And I'm not being pedantic here ... it's a big problem for me at the moment X
Title: Re: Legal Hedge Question ...
Post by: grawrc on April 05, 2006, 17:12:41
Well this is Scotland so it might be different, but my understanding here is that if a neighbour's plants grow on to your property you can cut back the parts that are in/ on your property which however remain the property of your neighbour.


So you could through them over the fence into his garden?? ;D ;D

I have a vague memory that there are much more stringent laws in England now about how high you can grow stuff and plants taking the light from people's houses, so maybe you should wait till someone nearer home reports back.
Title: Re: Legal Hedge Question ...
Post by: DenBee on April 05, 2006, 17:50:40
Trix - you're going to love this.  ;)

You can get your council to give the hedge an ASBO.  No kidding.  High hedges are covered by the Anti Social Behaviour Act of 2003.

http://www.opsi.gov.uk/acts/acts2003/30038--i.htm (http://www.opsi.gov.uk/acts/acts2003/30038--i.htm)

What you basically have to do, when all else fails (i.e. trying to talk to the chap and he won't listen, which obviously he won't), is register a complaint with your local council.  Unfortunately, from what I've read online, they will probably charge you a fee for this.

If they investigate and find in your favour, they can enforce an order to make him take the hedge below 2 metres.  But it's not a given - and unfortunately it's not illegal to have a hedge more than 2 metres high if you can get the council to agree that it's necessary/suitable.

This website is very informative.

http://www.naturenet.net/trees/hedgerow/highhedges.html (http://www.naturenet.net/trees/hedgerow/highhedges.html)
Title: Re: Legal Hedge Question ...
Post by: grawrc on April 05, 2006, 19:01:51
Except he will say they are not a hedge, they are trees. Nevertheless they are depriving you of light and the warmth of the sun.

Why am I saying this??? YOu can fight your own battles if anyone can! ;) ;D
Title: Re: Legal Hedge Question ...
Post by: sarah on April 05, 2006, 19:07:22
Quote from: Trixiebelle on April 05, 2006, 16:25:39
Quite amusing last week when he came out of his front door at the same time as me and found something REALLY INTERESTING on his garden wall to study! I found something EQUALLY interesting to study in the boot of my car .... he was late to work that morning! There's more in the boot of my car than on his garden wall  ;D

;D ;D ;D hee heee. I do like your style trixie ;D
Title: Re: Legal Hedge Question ...
Post by: Trixiebelle on April 06, 2006, 07:59:04
THAT'S SETTLED THEN! I'M GIVING THE HEDGE AN ASBO  ;D