Garden disputes can flare up quickly, especially when it comes to boundary hedges between neighbours.
Boundary hedges separate the gardens of neighbouring properties and, unlike fences, can become a point of contention due to their growth and spread.
While there isn’t a specific ‘boundary hedge removal law’, the experts at Checkatrade say there are certain rules that should be followed.
Rules to consider around boundary hedge removal
If a hedge is a shared hedge within both of your boundaries, you must have a mutual agreement with your neighbour before making any changes.
If the hedge is on your side of the boundary line, you should be within your rights to remove the hedge (providing no other legalities stand in your way).
However, it is wise to review the legal documents you got when you bought your home, the Checkatrade experts added.
Property owners are advised to check their title deeds, which show the exact boundary lines.
These documents are typically provided at the time of purchase, but copies can be obtained from the Land Registry.
What is the penalty for removing a boundary hedge without a proper agreement?
If a hedge is removed without the proper agreement, the neighbour could take legal action.
If the dispute goes to court and the neighbour wins, the hedge may need to be replanted and legal fees covered.
Is it criminal damage to cut a neighbour’s hedge?
BLB Solicitors states: “The Criminal Damage Act 1971 provides that unless you have a lawful excuse, intentionally or recklessly causing damage to ‘any property belonging to another’ amounts to a criminal offence. That includes a hedge.”
Therefore, it’s only lawful to prune the branches of your neighbour’s hedge if it’s projecting into your garden and causing a bit of bother.
But you must not retrieve or disturb anything further than the point where the branches cross the boundary of your property.
The UK government website adds: “You can trim branches or roots that cross into your property from a neighbour’s property or a public road.
“You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.
“If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s permission to trim them.”
When to report a neighbour to the council for their hedges, trees, and boundaries
The government says you must try to resolve disputes about hedges, trees and boundaries on your own before the council can get involved.
However, you can ask your local authority for a complaint form if the hedge fits all the listed criteria below:
You might have to pay the council a fee to consider your complaint.
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