The law on hedging

Discussion in 'NEW Gardeners !' started by Galaxy, Mar 18, 2016.

  1. Galaxy

    Galaxy Apprentice Gardener

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    As the title suggests, I need to put up some hedging at the side and back of my property as the existing fencing doesn't provide much in the way of privacy. The neighbour is a real pain to talk to, otherwise that would have been my first option. He has already mentioned that at some stage one of the previous residents agreed to rip out all the trees at the side and back garden, so I'm guessing he won't be happy when if I decide to put up 6-7ft hedging.

    Where do I stand on the law with this?

    We also have at the bottom of the garden 4 huge trees (already here when I moved in) and in a conversation with my wife a couple of months ago, said he would get someone to "top" it. Presumably he's not allowed to do so? And if so, who would inforce something if he did get someone in to chop a tree while we were out? The Council?

    Not trying to get anyone's back up by the way, but I do want my privacy!
     
  2. clueless1

    clueless1 member... yep, that's what I am:)

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    The law depends largely on what it says in your deeds. There may be restrictions there. But very generally, in most situations, you can have a hedge up to 8ft without planning permission.

    The trees are a different story. There is, in most situations, no restrictions on trees that are not part of a hedge. But, the laws are so convoluted here that I think peace talks are they only practical solution. In summary:

    Any part of your tree that crosses his boundary, he may cut off.

    You still own any bits he cuts off, so if he doesn't give you the cuttings, he has committed theft.

    Because you still own the bits that crossed the boundary, you are liable for any damage they do to his property.

    When he cuts off bits that he is allowed to, if he harms the tree, he is liable for the damage.
     
    • Informative Informative x 1
    • Galaxy

      Galaxy Apprentice Gardener

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      Brilliant, thanks for the info - very helpful.
       
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