A lawyer has clarified what you can do if your neighbour's hedge overhangs your garden, detailing your exact rights. Disputes over overhanging bushes, hedges, and trees can cause tension between neighbours. Overhanging foliage can block sunlight and create a mess with falling leaves. Knowing your rights is essential.
Initial Steps
It is best to approach the situation amiably and ask your neighbour politely to address the issue. If that fails, further action may be necessary.
Establishing Responsibility
First, determine who is responsible for the hedge. If you cut a hedge that isn't yours, you could face trouble. However, if the hedge overhangs onto your property, you can cut it back to the boundary line. You must check the Land Registry to confirm the exact boundary.
Shared Responsibility
Often, there is no definitive answer, and responsibility may be shared. If one neighbour has maintained the border for years without the legal owner's consent, they might claim ownership through adverse possession.
Legal Considerations
Cutting a hedge on the other side of the boundary could be an offence under the Criminal Damage Act 1971 unless you have a lawful excuse. Additionally, trimmings from the hedge still belong to your neighbour, so they should be returned.
Wildlife Protection
The Wildlife and Countryside Act 1981 makes it a criminal offence to cut or remove a hedge where birds are nesting.
Resolving Disputes
The only way to settle a dispute often involves bringing in an experienced solicitor to review the information and offer advice on resolution.
