Hedges owned by the council
My council actually owns the hedge!
Q: I have a problem with a hedge that is giving me problems and it's owned by the Council. Am I still allowed to make a complaint within the legislation of the Anti-Social Behaviour Act, 2003?
A: You will still be permitted to make a complaint of a formal nature within the high hedges law - yes. Again, if we are to assume that any previous discussions or negotiations with your local council have not been successful.
In taking this route your local council should use other procedures to try and make sure they eradicate any possible conflicts of interest. If you are dissatisfied with the outcome of a formal complaint of this nature you may refer and ask for an appeal regarding the issue with the Local Government Ombudsman.
...dissatisfied with the outcome of a formal complaint, you may refer and ask for an appeal regarding the issue with the Local Government Ombudsman.
Overhanging branches
Branches that are overhanging
Q: I am not really concerned about the hedge height next door, but I can't reach to cut the part that is overhanging into my garden and I can't or don't want to pay to get this professionally done. Can you tell me why a hedge owner can't be forced to ensure their hedge is maintained within their property bounds?
A: Current common (unwritten) law gives a land owner full ownership of any trees or hedges that are growing there. The land owner has the responsibility of maintaining and managing the land so it never gives cause for a possible nuisance to other people (similar to the responsibility the owner would have when maintaining and caring for other parts of their own property).
If you have hedge or tree branches causing a nuisance by entering (trespass) onto your property which may be adjoining (your neighbour), common law will allow you to solve this by cutting back (ensure only to the boundary) and branches that are overhanging. Before you do so though, you must check there are no restrictions of a legal nature in place, for example a tree preservation order. Offer to return the branches and/or return these to neighbouring property and also give your neighbour notice first that you will be undertaking this action.
It is possible to enforce responsibilities under common law via the civil courts. An action may be pursued against a tree's or hedge's owner for nuisance/negligence or trespass. In order to find the right legal advice, we suggest using the Community Legal Advice service (www.clsdirect.org.uk) or tel: 0845 345 4345.
Alternatively you may consider using the county court small claims procedure to ask for recovery costs of a professional service that has cut back overhanging branches of a neighbour's hedge. Before you initiate any court action, please attempt to resolve the matter first directly with your neighbour and consider using a local mediation service if you have one if communication is difficult or impossible.
...consider using the county court small claims procedure to ask for recovery costs of a professional service that has cut back overhanging branches of a neighbour's hedge.
Q: My garden has a hedge at the end of it (e.g. bottom of the garden). I've been requested by my neighbours on two occasions to enter their garden and proceed to cut/trim my hedge from the neighbouring side. I cannot manage to do this work required as I'm physically not up to the task - is there a legal requirement for me to have to do this?
A: The neighbour in this case (and as detailed above) would need to force you, via the courts, to trim or cut the hedge on their side or for them to attempt to claim professional costs of getting the work done.
Attempt to agree early on a way to maintain and manage the hedge with your neighbour, use solutions that you will both be happy with. Again, consider using a mediation service if communication is tricky, remember to keep things non-personal and as friendly/informal as possible (seeing the problem from your neighbours perspective and point of view will also help develop understanding and empathy for each other).
Keep a record of your discussions and agreement in case you need to evidence this in future.