can i reduce the height of my neighbours hedge

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December 8, 2020

language is not acceptable, Do not impersonate other users or reveal private information about third parties, We reserve the right to delete inappropriate posts and ban offending users without notification, -1) ? 23/11/2015 Last Modified: 01/07/2019. Once your appeal is validated, you'll normally get a decision within 34 weeks. Your neighbour can cut back that part of the hedge that overhangs his property but must not endanger the continued life of your half of the hedge. If a neighbour's hedge is blocking your light and you wish to take action, however, you may be able to do so under the Anti-Social Behaviour Act 2003. Find your bookmarks in your Independent Premium section, under my profile, There are no comments yet - be the first to add your thoughts, There are no Independent Premium comments yet - be the first to add your thoughts, House Doctor: 'My neighbour's hedge is way too high. Last summer a father and daughter were convicted of manslaughter after they fatally attacked a neighbour who had punctured a child's football which had gone into her garden in Leicester. The Government's public-services advice website, direct.gov.uk, is clear on this. But you must appeal within 28 days of: The appeal is made to the Planning Inspectorate. Thus if the hedge was present and of approximately the same height you should be OK. Other thing to keep in mind is what exactly is considered sunlight. How much can I cut it without killing it 2. References USLegal, Inc.: Applicability of Rule to Hedge If you complain to your local authority, it does not follow automatically that they will order your neighbour to reduce the height of their hedge The local authority has powers, but not a duty, to require a reduction in height when the hedge affects reasonable enjoyment What sorts of complaint can the council look at? It is currently 4 metres high and growing. ", Reading 2-0 Nottingham Forest matchday live - Morrison doubles Royals' lead against ten-man Reds, Follow the action as Chris Hughton's men make the trip to the Madejski Stadium, Security staff were brought in for trams during Freshers' week, operator confirms, The arrival of students amid Covid-19 restrictions "presented several challenges to NET", Pictures show new Lidl in Nottingham with store's opening date confirmed, New image issued of granddad missing for two weeks as family remain desperate for information, The family are 'clutching at straws' to find him, Two or more mostly evergreen or semi-evergreen trees or shrubs, Affecting your enjoyment of your home or garden because it's too tall, complained to the council about the hedge, own, rent or occupy the land that the hedge is on, your council's decision either to take no action, or to change an existing remedial notice (withdraw, waive or relax). Lodging a formal complaint, though, carries a fee of anywhere upwards of £200. they can to create a true meeting of independent Premium. Answer: Rows over "high hedges" – the so-called "Leylandii wars" – and difficult neighbours can be addressed via Section 8 of the Anti-Social Behaviour Act (2003). But is it illegal? The existing Open Comments threads will continue to exist for those who do not subscribe to Disputes between neighbours can quickly escalate, Want the latest Nottinghamshire lockdown news? continue to respect all commenters and create constructive debates. You may wish also to take into account the fact that your neighbour will have to maintain is hedge annually to keep it below the height ruled by the council, and if this is a considerable height, he may well find it easier to completely remove or to reduce the hedge to a more easily maintained height. You can appeal against either a high hedge Remedial Notice, or the council's decision not to issue one if you either: There's no fee for appealing. If it agrees with you, the council will issue a formal notice to the hedge owner detailing what needs to be done to resolve the situation. A hedge can be a beautiful way to define the boundaries of your property and provide a stunning backdrop for your garden. You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you … You can only trim up to the property boundary. Where do I measure the height from (base of trees or first folliage) Regards Jane. to your comment. If you own the tree or hedge. explains more about how we use your data, and your rights. Your neighbor, however, can choose to allow his side to grow longer and continue to create a screen that blocks him from view. Your only responsibility, as far as we know, is to keep the hedge from damaging your neighbour’s property. Independent Premium Comments can be posted by members of our membership scheme, Independent Premium. Independent Premium. Oldest first, -1) ? 'active' : ''"> I would like to reduce the height of my leylandii hedge. Q There is a remedial notice dating back to 2012 against my neighbours, requiring them to limit the height of their hedge to allow light to my house. 24 Jul, 2011 If you do more than this, your neighbour could take you to court for damaging their property. He claims his garden and rooms are dark because of my hedge. So what are your rights if you're bothered by a neighbour's trees or hedges - and what can you do about it? Next job is to cut it down to a reasonable height as neighbours 'gardeners' don't touch it - ever. Home buyers consider a number of factors when choosing a place to live, including the views of the surrounding landscape. Your complaint should emphasise only the height of the hedge – any problems relating to its roots are excluded from the Act. I have not cut the height of the hedge. You need to complain to your local borough (such as Broxtowe), district (such as Ashfield), or unitary (such as Nottingham) council. try again, the name must be unique, Show{{#moreThan3_total}} {{value_total}} {{/moreThan3_total}} comments, You may not agree with our views, or other users’, but please respond to them respectfully, Swearing, personal abuse, racism, sexism, homophobia and other discriminatory or inciteful Owners of the hedge can reduce its height, encourage its growth or cut it into interesting shapes and the neighbour is powerless. Our solicitor has been very unhelpful and I'm at my wits' end – can you help? The final height will be decided by your local council based on the requirements and information provided by the complainant and hedge owner. You should try to resolve the issue with your neighbour before going to the local authority but we understand that this can sometimes be impossible, especially if your neighbour is not open to discussing the issue. Create a commenting name to join the debate. 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I cut it back to the wire fence to a height of 5.5ft because it was shading/killing plants. Post by boris360 » Sun Apr 20, 2014 5:59 pm. You can find our Community Guidelines in full here. Please It is currently about 12 ft high. Newest first, -1) ? Newest first, -1) ? If the problem affects other neighbours, involve them as well. It can be easier to settle a dispute if the complaint comes from a number of people. Sometimes they’ll include recommendations for other related newsletters or services we offer. Since your neighbour has ignored this, your best bet instead is to "invite [your neighbour] to talk to independent mediators". Are you sure you want to delete this comment? There are many choices of plant material, depending on the level of privacy you desire and the look you want year-round, from evergreens like cedar, yew and boxwood to perennial grasses and flowering shrubs – the possibilities are endless. 'active' : ''"> Question: My neighbour and I are on the verge of taking a dispute over his hedge to court. This type of notice is known as a 'remedial notice'. You are allowed to … If the council decides that it is necessary, they will issue a notice requiring your neighbour to remedy the problem by, for example, reducing the height of the hedge and maintaining it at a lower level. Please try again, the name must be unique, Please the same level of attention, but we have preserved this area in the interests of open debate. try again, the name must be unique, Please Stuck in a motorway jam? Council decides whether to investigate your application. There are no height limits for either hedges or trees and there is no legislation currently available in the Republic of Ireland to enforce a height restriction. Currently their side of the hedge is way too tall for the allowed limit of 2 metres (about 6 feet and a half). The hedge is nearly 30 metres long and the overall height is 4.5metres. 1. What are you legally allowed to do if your neighbours hedge is too high, When you subscribe we will use the information you provide to send you these newsletters. If your neighbour ignores this, he or she could be fined up to £1,000. He has cut his side back to the boundary but is objecting to me doing the same, as he likes a thick hedge, but the hedge is overgrowing my pathway. Disputes between neighbours can quickly escalate and become very serious. The official gov.uk website advises that, "If you're worried about approaching them, write a letter, explaining the problem clearly and sticking to the facts"; while the Office of the Deputy Prime Minister says you should "speak to your neighbours face-to-face rather than push a note through the door.". Are you sure you want to submit this vote? I share a 50 metre long laurel hedge with my neighbour. 'active' : ''"> Their garden is to the north of mine so the hedge doesn't take away my daylight but my side of the hedge grows profusely because it faces south so I have to get it cut every year. Any cuttings must be offered back to the tree or hedge owner. Whichever approach you take, stick to the facts, don't dwell on past failures to sort the problem out, and don't be rude or abusive. If leaves have blown onto your property from a neighbour's tree, you cannot expect the tree owner to clean up the leaves or charge them if you do so, says Nottinghamshire County Council. Take it down a bit more than you need to so there is fresh growth on top for you to trim later. Hi, you can reduce its height by up to half if the hedge is too tall. Some of the issues you should look at are whether the hedge blocks light to the main rooms of your home; deprives you of winter sunshine; spreads into your garden and is affecting the growth of your plants; is pushing over your fence; has roots which are damaging your path, garage or home. Are you sure you want to mark this comment as inappropriate? Guidelines. A high hedge is defined as a line of trees comprising at least two evergreen or semi-evergreen trees or shrubs and a hedge height of more than two metres above ground level. Want to bookmark your favourite articles and stories to read or reference later? It hands local authorities – not courts – the power to manage complaints such as yours concerning hostilities, but you must follow a strict code of conduct to stay within the rules. However, you do have the right to remove overgrowing branches yourself, but only back to the common boundary. Can I reduce the height of a shared hedge? try again, the name must be unique, Please Community If it agrees with you, the council will issue a formal notice to the hedge owner detailing what needs to be done to resolve the situation. It allows our most engaged readers to debate the big issues, share their own experiences, discuss A tenants' association might help if you're a member of one. Although you should not do so at the same time (i.e. Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. try again, the name must be unique, Please There are more details about how to appeal here. The council will make a decision about whether any action needs to be taken over the hedge. 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