Advice for Hedge Owners
I'm a hedge owner, where do I stand?
Q: My neighbour has come to me and said that I have to reduce my hedge by cutting it to 2 metres (my hedge is higher than this at the moment). They've told me I have to do this or I will get an ASBO, what's the deal?
A: This is wrong, on two issues. Current legislation details that not all hedges have to shortened (cut) to a height of 2 metres. Councils cannot give an ASBO to you for having a high hedge!
The law gives people the right, who have first tried other means (very important) to solve a high hedge dispute to progress a complaint about a neighbouring evergreen hedge to their local authority. If a complaint is to be a success, the person complaining needs to show that the hedge in question is negatively affecting their rights to reasonable enjoyment of property.
Q: My neighbour has approached me and asked if I could make my hedge smaller. I am happy to help do this, but I need some help and information to give me an idea of what a reasonable height is.
A: Because each case is unique, this question is very tricky to answer and ideally you need to find out what is going to suit both your neighbour and yourself. You both need to look at all the options available with a view to discussing more than one possible solution or remedy. You might want to consider how high the hedge needs to be to prevent snooping or being overlooked and how high it should be to avoid too much much blocking of sunlight and daylight.
Q: My neighbour has already made a complaint, formally, to my council about a hedge that I own. How will I be involved in the complaint process?
A: You will be informed in writing by your council that a formal complaint has been received about a hedge you own and at this point you may also be asked to give specific information on a factual basis (e.g. do you own the property & occupy it, do you know of any legal constraints that the property has such as a tree preservation order, etc).
You'll also be asked to note your thoughts down on the complainant's points and concerns as well as giving any other information/details that you'd like your council to consider. When you consider your comments, stick to the facts and try to explain how the hedge enhances your property's enjoyment and how this would negatively affect you if the height had to be lowered; remember that your comments will be seen by the person(s) making the complaint (a copy is sent to them) - don't make them personal!
Your local authority will wish to visit your property and view the hedge first-hand in its surrounding environment and when they make their decision all contributing factors that are relevant must be considered and again a happy balance between interests that are competing against each other must be made (e.g. of the complainant and hedge owner and the wider community's interests).
If a complaint against you is upheld a 'remedial notice' could be issued which will detail what you have to do to solve the problem and give a timescale in which any work must be done.
You will be informed in writing by your council that a formal complaint has been received about a hedge you own.
Q: After reducing the height of my hedge to a height I felt was reasonable, my neighbour has said they want it lower and have instigated a formal complaint to my council. Because I made this previous offer and reduced the height, will the council take this into account when they make a complaint decision?
A: Councils do not take on the role of negotiators or arbitrators within complaints and between parties. They will only act independently and impartially as a third party and judge if a high hedge is affecting the 'reasonable enjoyment' on an adverse basis, of the complainant's property. Offers or compromises that may have been made before a complaint is lodged will therefore not be relevant anymore to what your council has to decide (e.g. the hedge's impact).
Bear in mind that even if a formal complaint has been made, you can still communicate and negotiate directly with your neighbour - try and keep the relationship positive where you can and keep communicating. If an amicable and mutual solution can be agreed between you both, a formal complaint can be cancelled.
Q: My hedge was already in existence before the property owned by the complainant was even built and/or before they moved into the property. Can this be considered by the local authority?
A: Unfortunately, no. A hedge's history or that of a 'site' where a high hedge is situation will not be relevant to the question when the council are deciding this. It's all about how the hedge will have an affect, or impact on the 'reasonable enjoyment' of the complainant's property.
Party Hedges
Information about party hedges
Q: A hedge is owned by joint owners - even though I'm maintaining my side, my neighbour isn't maintaining their side at all. Can I complain to my council under the legislation?
A: Remember, in order to initiate a formal complaint to your council, the hedge you are complaining about has to be on land owned by or occupied by another party or individual.
Because in this scenario the land where the growing hedge resides is owned jointly by a person who would like to complain, high hedges legislation cannot be used to remedy the problem. You will need to examine any terms and details of your party agreement and both sets of neighbours may be permitted to cut and maintain the whole of the hedge, on both sides and the top.
...in order to initiate a formal complaint to your council, the hedge you are complaining about has to be on land owned by or occupied by another party or individual.