Neighbours hedge cuttings in my garden
Neighbours hedge cuttings in my garden. 18 years ago. My neighbours are a young couple probably in their 20s. It is not necessary for the whole of a hedge to fall within the definition. As gardeners we deal with it, sometimes by chaning they type of plants we have. TOP TIP: Regardless of height, if a neighbour's window has received natural light for at least Customer: A Branch from a tree in my neighbours garden has fallen into my garden. This will only be necessary if the trees are blocking the road or causing obstruction. Homeowners can refuse this, but the authorities are within their power to remove the trees without consent. Trees and hedges are one of the most common causes of neighbour disputes. What is the law in respect of a neighbours beech hedge that was planted about 10 years ago, they would come round and trim it periodically. They ordered that he paid for a new hedge to be installed and compensation, which he refused to pay. 5% of the land area of Ireland. 1 Can I Remove The Hedge In My Garden? 1. Apr 7, 2021 · In the UK, if you’re the owner of a hedge that separates two property lines, you need to make sure that your hedge doesn’t encroach on your neighbours property, and doesn’t grow too high. The owner of land on which a tree is growing is responsible for its safety 30/09/10 - 01:38 #2. 2 It Is Part Of Common Land Or Town; 1. This could, in some cases, breach privacy laws under the Human Rights Act and possibly lead to allegations of harassment. Overhanging. English hedgerows will be 1. Dave. Over time, however, you may decide to cut your hedges and that can create a tricky The “Common Law” Rule of Self-Help. If a tree owner and an aggrieved neighbour can't agree on what to do, several courses of action are open. If that fails, you Jun 3, 2022 · If a neighbour's tree or hedge is growing over into your garden, you cannot make them cut it back. Your neighbour has a legal obligation to respond to the letter within 21 days and fix the problem. Some trees have heavy honey dew on my garden. Years ago, the hedge in my front garden Apr 4, 2023 · Hedge trimming cost breakdown. The hedge and boundary belong to her but she has been cutting down hedge which is in my airspace. You cannot: burn other types of waste other than those listed below. A hedge is defined by the Oxford English Dictionary as: The legislation is very specific, but to generalise it defines a ‘high hedge’ as any hedge that is over 2m (approximately 6¾ft) tall; a line of two or more trees or shrubs; and formed wholly or mostly from evergreens or semi-evergreens. Leylandii Law. 2. It might work, or you might get a very bitter rivalry underway. Oct 9, 2023 · A ‘high hedge’ has been defined as more then 2m tall and evergreen or semi-evergreen. Under the common law rule of “self-help,” property owners are able to trim encroaching hedges or trees that belong to their neighbor back to the boundary. Step 3: Apply for a High Hedge Notice. Jan 17, 2023 · Firstly, you can file a complaint with the council or police, who can investigate the matter and take appropriate action. If you refuse, they can go into your property without your Feb 24, 2022 · The Royal Horticultural Society explains that if the hedge affects the "reasonable" enjoyment of your house or garden, you should first negotiate with your neighbours though. A person who wishes to have a tree or hedge on the neighbour’s land pruned or removed, or who wishes to obtain compensation for damage to their property caused by a tree on a neighbour's land, may apply Customer: My neighbour has been cutting down part of the hedge which overhangs into my garden. He decided it was too high and that was that, didn't want to speak with me. 2 When You Should Not Remove a Hedge In Your Garden. Ask your neighbour to cut the parts that overhang your land. However, not all hedges over 2 metres will automatically be termed a ‘high hedge’. 1. I purchased a new house from a builder in a Dublin housing estate about 30 years ago. You are legally permitted to trim your neighbour’s trees or hedges if the branches or roots cross into your property from the street or an adjacent party. Keep a close eye out your hedges for a few days to see if any feathered tenants have moved into your garden. Put spikes on the inside (your side) if the boundary fence/wall so that if he's leaning over it to cause damage to your hedge he will become tangled and clothing torn. Long reach hedge trimmers can help you to keep your hedge at an acceptable height. Jul 10, 2009 · My neighbour has a large garden. Two years ago, it started to grow into my property and I immediately treated it and eradicated it from my garden. TREES & THE LAW. A hedge of this size means that a complaint can be made to the local council if the hedge is encroaching on a neighbour’s enjoyment of their garden by blocking the sun or a view. Wasps are now everywhere in my garden. To resolve any cutting issues, it's 255 months. 4 How To Remove a Hedge From Your Garden; 1. It is considered to be a natural seasonal occurrence. Trimming hedges that are home to nesting birds is an offence. They cut the hedge at their side and half way along the top of the hedge. So, have you given some thought to your privacy and how to maintain it? Jul 3, 2019 · However, due to its fast growth habit and dense habit, it can be a controversial choice for gardens as it can quickly grow unmanageable and cause conflict between neighbours. And he left the clippings too. You can also file a complaint form if your neighbour’s hedge consists of 2 or more evergreen trees or shrubs, or if their plants are causing damage to your home or garden. 1 It's On The Property Boundary; 1. You do have the right to cut off However, when it comes to the garden area, many homeowners are unaware of the legalities involved with cutting down any trees or hedges, causing them to become embroiled in a neighbourly dispute which could cause either party to seek legal action and end up in court. Throwing cuttings of a neighbour's plant that had grown over a boundary line back into their land could be considered fly Customer: What should I do with the fallen cuttings from a hedge - which belongs to my neighbours but which overhangs my garden by approximately 6 feet - please? I have twice asked the neighbours to cut back the hedge but they have not responded. The fact that the hedge was planted on the property line is really an issue for the landlord. Apr 19, 2017 · Q. I know my neighbour decided to cut my hedge without permission. Over 10 years of industry experience. They were cutting the top of the hedge, entirely on my driveway side. However, when trimming or cutting back, you must not cause . My neighbour who considered our hedge his, used to wait until I left the house and come into my garden and cut the hedge. Mar 7, 2018 · It is estimated that hedgerows cover approximately 1. Mar 12, 2022 · An overgrown domestic hedge can cause a lack of light and be a nuisance to neighbours who want to look out over their garden or have better access to sunlight, you may also need to do boundary hedge cutting if the professional hedge is owned by both your and your neighbour's property. Even so, the law only grants you permission to remove them back to the dividing line or border. 8/14. A tree that is one person’s pride and joy can sometimes be a source of worry and frustration to their neighbours. 3 You Hedge Is a Home For Lives Of Birds ; 1. The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road. 16 September 2010 at 5:47PM in In my home (includes DIY) MoneySaving. The hedge is around 12ft tall and cuts light out of both garden and cottage. Oct 30, 2013 · When you live in close proximity to your neighbors, hedges are a nice way to screen yourself from their view and maintain your privacy. In this case, inform your neighbor of your grievance and offer to Jan 25, 2022 · The National Parks & Wildlife Service (NPWS) of the Department of Housing, Local Government and Heritage is reminding the public the cutting, grubbing, burning or other destruction of “vegetation growing in any hedge or ditch” between 1st March and 31st August is prohibited. Having a wood burner in the house, a chiminea in the garden, or a barbecue. Do not let these issues go unchecked. You cannot expect your neighbor (who owns the tree), to come over and clean it whenever there’s a mess. 3. The closed season on hedge-cutting, adopted under the Wildlife (Amendment) Act 2000, recognises the importance Require you to indemnify or give security to your neighbour for damages, costs and expenses caused by or arising from the works or likely to be caused or to arise. The Nextdoor neighbours have no hedge where their garden borders the field. You should also prune lightly in the summer when the growth is at Oct 5, 2019 · 3. Apart from the fact it's the worst job I have ever seen - looks like a aircraft has Jul 28, 2012 · next door's hedge. If your neighbour has ignored all your requests and letters, you can involve the council, but onl y if: The hedge consists of two or more trees or shrubs; The trees or shrubs are more than 2m tall; The trees or shrubs are evergreen or semi-evergreen (this does not apply in Scotland); You can prove it's blocking out your Mar 4, 2024 · Published. I am incensed that their hedge costs me so much time, effort and money. 6. For example, the law allows a property owner to trim branches from his neighbor's shrub once they extend over his property line. I don't know if this is enshrined in law. Although your neighbor’s tree branches hang over onto your property, you are responsible for them. You should send your neighbour a copy of the letter and keep a copy yourself. Hedge trimming is best put off until the weather warms up unless there are urgent safety concerns. Cuttings can be made back to the boundary line of a neighbor and no further, the cuttings must be offered back to the owner of the plant but they do not have to accept them and would not be responsible for removing them. Taking fruit from a neighbour’s tree even if it overhangs your land May 6, 2024 · There are many wasps on the very tall trees in my neighbour, a golf court run by Council. However, you do have the right to remove overgrowing branches yourself, but only back to the May 1, 2021 · 5. The regulations will include a two metre ‘buffer strip’ from the centre of hedgerows, and a hedge cutting ban between 1 March and 31 August. That includes a hedge,” states BLB Solicitors . Abating the nuisance might include the removal of the tree or Jan 20, 2023 · Even if the plants belong to them and they growing over into your garden, this could be considered to be garden waste fly tipping. Hi, Just wondering do I have a legal obligation to trim the branches from my conifer hedge that are protruding into my neighbours garden? It isn't too high or anything and I have done all I can from my Nov 8, 2022 · Let’s summarise the above: No, it is not legal to throw branches back on your neighbor’s property. See below to view the full document. Trees blocking light. For three years I have politely asked her to treat the knotweed. It looks like the hedge is on or just inside mums boundary. Under the Rights of Light Act, if a window has received natural light for 20 years or more, neighbours can't block it with a new tree. bring waste from elsewhere to burn. A typical example is damage to foundations from encroaching tree roots. Your neighbor’s hedge or tree may be overhanging on your side, causing the leaves to fall off regularly. However, the hedge must be over 2 metres tall before it can begin to be considered a high hedge. At Artemis, we try to pre-empt any problems by insisting on a signed neighbour The tree's owner has a legal responsibility to make sure it doesn't damage a neighbour's property, garden, drive or boundary fence. I complained to the council and they didn't care, and eventually had to sue through the small claim courts. As with many new houses, the builders put in a low timber fence in the back garden as a dividing fence. The two of you must agree on the primary job, including removing, laying, or coppicing. One of the biggest mistakes people make when planting new landscaping is failing to consider just how big that little plant that came in a 3-gallon container might May 14, 2016 · A: If a neighbour’s tree hangs over an adjoining property, the tree owner should be asked to trim back the tree. 2/. 5. Dec 1, 2022 · Be mindful of a growing problem. Q. Jun 5, 2023 · Find yourself longing for more sunlight in your garden, or fed up with the constant mess and hazards caused by encroaching vegetation? Well, you've come to the right place! In this comprehensive guide, we'll dive into the world of Scottish property law to help you navigate the complexities of dealing with neighbour's trees and hedges. 5 gardening tasks you can do in under 60 minutes. Tell him to leave your hedge alone, make clear it's solely your property and not shared and what he is doing is criminal damage. It's best to grow if you have a large garden and you're prepared to cut it back regularly, as any break in the pruning regime will result in a very large hedge. Mar 25, 2024 · Hedges, trees and boundaries can often cause disputes between neighbours but the government says you must try to resolve this on your own before the council can get involved. It’s their responsibility to pay for the branches overhanging their garden to be cut. The rights and responsibilities of tree ownership are complex. In fact, in many states, you are encouraged to do so. My wife will no longer go outside with as she is scared that another might fall whilst she is there. If parts of a hedge qualify, the hedge will be eligible for an application for a high hedge notice. Tree roots that threaten to damage May 9, 2022 · You may be liable for damage caused by your tree (s) to your neighbours’ buildings and other structures. Cutting Hedge Garden Services complete hedge trimming, garden clearances and fencing for clients in Ellesmere Port. Oct 23, 2020 · The height of your neighbour’s trees and shrubs is negatively affecting your enjoyment of your garden or home. There is a cost to making a complaint, usually around £400. Note that some trees are protected by Tree Preservation Orders (TPO). The prohibition is contained in section 40 of the Wildlife Act 1976 . Apr 19, 2015 · It will be an intentional act if your neighbour knew that there was an active nest in the hedge and he has now damaged it. The grumpy neighbour we have has had his conifers lopped off. This will create extra work for you to clean it. Apr 16, 2006 · Subsequently, I've maintained my side of the hedge at 2m high, but because he chooses not to cut his side the hedge is now 2-3 metres wide, clearly I can't cut this width because it's inaccessible from my side, and would involve me having to lean over the boundary line (he owns the boundary), over his property, clippings would then fall onto Before you cut back your neighbour’s tree you should: talk to your neighbour about the maintenance you want to do; ask your local council if the tree is protected, as you may need a permit to cut it back get advice on how to cut back branches without harming the tree or shrub agree with your neighbour on how you will return their cuttings. You may be compelled through court action to ‘abate the nuisance’ and pay compensation if proven. Mediation and arbitration. You have the right to trim or cut back any leaves, branches or roots overhanging the boundary line if the offending tree is not protected, or if you have obtained a permit from the Council. Jun 29, 2021 · 1. Sep 28, 2019 · 1/. Putting branches in your neighbour's property, even if they are from his trees, is a trespass in itself. Quote. This can include issuing a warning to the trespasser or imposing a fine. If you were to ask the court for a remedy, you would have to prove a Jul 30, 2011 · Jul 30, 2011. This neighbour is regarded as a public place by the Coucil so they won't treat the trees and wasps. As a general rule you have no legal right to a view which has been obscured by your neighbour’s trees. On the other hand, it is not unknown for neighbours to deliberately erect a fence or build a wall beyond what you believe to be the agreed boundary line. hedge, do I have to trim neighbours side? johnsmi Posts: 232 Forumite. I just swept them up. What might have started out looking like a small and innocuous plant to your neighbour can soon grow into a substantial hedge that extends well beyond their boundary, albeit innocently, reducing the amount of land which you can enjoy. For trees or shrubs to be considered as a high hedge, they must first be a hedge. If that fails you are almost certainly within your rights to clip it or snip it. Therefore, it's only lawful to prune the branches Jan 31, 2019 · 42. I have just spent over an hour cutting down the side of my next door neighbour's hedge that flows over into my front garden. Tree roots that threaten to damage Aug 13, 2019 · Neighbours Hedge Overhanging. All types of hedge – whether they are made up of evergreen, semi-evergreen or deciduous species are covered by the Act. This cordless hedge trimmer has a lightweight design, so you can painlessly preen out-of-reach shrubbery (up to 10ft tall). ”. If no success, then start chucking the stuff back over into their garden. 5 Final Words Nov 10, 2023 · An 89-year-old has sparked debate after cutting his neighbours' hedges to clear a path because they 'hadn't bothered' - then writing to his local paper 'thanking himself' for doing so. As I recently cut back an evergreen hedge to the property line, if the hedge subsequently died possibly due to me cutting it back would I be liable. Criminal damage is a criminal offence under the Criminal Damage Act 1971. Contact your council. The neighbours sold up about 4 years ago and the new neighbours have not trimmed it at all. 3 Can I Plant a Hedge Without Planning Permission? 1. Every summer comes round (and when ever i am out) the neighbours whom i left their hedge in for, cut their hedge and throw ALL of their cuttings over into my garden and i dont understand why they are doing this, if Unfortunately, trees and hedges often cause much friction between neighbours. The tree already trespasses onto my garden and the branch is from that part of the tree. If you are 'friend's he is unlikely to repeat his actions. 7/14. If it still continues, chuck your rubbish over as well. One person was left furious after a neighbour chopped down their hedge while A request for your neighbour to pay for those costs and how they’ll do that; and; A request that they fix the problem removing parts of the tree if needed. This law was introduced to reduce the number of cases that came to court as it meant you If the roots of a neighbouring tree or hedge are affecting your garden you should follow our advice about solving neighbour disputes generally. Dec 10, 2017 · 6. Jul 1, 2021 · Overall, your neighbour has the legal right to cut the top of your hedge or a boundary hedge if they only cut the side which was on their side of their property, your neighbour should never damage the tree in doing so, keep the cuttings or cut on your side of the hedge, as this can be seen as trespassing. As landscapes mature, this happens. Jul 7, 2021 · If they refuse to compromise, you can ask for a council complaint form which will bring council action to the dispute. If your neighbour owns an evergreen hedge close to your property you can make a formal complaint to your Local Planning Authority (LPA) under the High Hedges legislation as set out in Part 8 of the Antisocial Behaviour Act 2003. I asked them what they were doing and they said it was overhanging their garden so they were trimming it. Oct 11, 2018 · The very best time, however, is late winter or early spring – although these bushes stay looking green, these are the times when they are lying dormant, so they don’t actually grow. I'm aware that it needs to be kept back from the pavement. Nov 23, 2015 · As a general rule you have no legal right to a view which has been obscured by your neighbour’s trees. You must notify your neighbour of your intention to apply for a works order. Fortunately for your neighbors, they also benefit from your hedges by gaining privacy as well, simply by living next door. Mar 19, 2013 · Or chat over the fence. So much so they have cut into the hedge on MY SIDE of the fence by up to 18 inches in some May 30, 2020 · 5. maninthestreet Posts: 26 June 2012 at 9:04AM. 4 March 2024. Jun 21, 2012 · It's my hedge and I'm been asked via the council to reduce the height of it. You could offer to 'sweep' up the leaves in his garden if that will sort things out. Resolving disputes. Rather than seeking an injunction, however, California law usually allows property owners to remove branches and roots that enter or intrude onto their property. Step 1: Try to reach an agreement with your neighbour. Mar 25, 2024 · Is it criminal damage to cut a neighbour's hedge? “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. Jun 22, 2023 · In the UK, intentionally killing or damaging someone else’s hedge without lawful excuse could potentially be considered a form of criminal damage. The average cost of hedge trimming is £90 per hour. A friendly discussion may result in an amicable arrangement to everyone’s satisfaction. Request kindly (basket of muffins will grease the wheels) and outright that they stop chucking stuff in your garden. The current legislation on high hedges comes under Section 8 of the Anti-Social Behaviour Act (2003). Require you to indemnify or give security to your neighbour for damages, costs and expenses caused by or arising from the works or likely to be caused or to arise. Feb 28, 2013 · Neighbor's Rights. Japanese knotweed grows abundantly in her garden. Apr 5, 2018 · You are the owner of the hedge if the trunk and roots are on your property. 43. To determine if an act constitutes criminal damage, several factors will be taken into account, including the intention If your property backs onto a road and has a problem with overhanging trees, it’s possible the Highways Agency might ask you to remove them. This is considered as “fly-tipping of garden waste”. 7. If this is not done, the complainant has the right to trim the tree back to the boundary line (but see Tree preservation orders below) although any branches and/or fruit removed belong to the tree’s owner and should be given back Jul 18, 2022 · Sorefrog · 18/07/2022 12:28. Pointing CCTV cameras around your property at part or all of a neighbour’s land. This allows councils to take action where the hedge has grown to a height where the hedge is adversely affecting the complainants reasonable enjoyment of their property. burn treated wood waste or wood waste coming from 18 years ago. This is the ‘right of abatement’, which means the reduction or removal of a nuisance. Apr 17, 2024 · There is a tall hedge on the back of my mother's small cottage garden which backs onto a farmers field. Ideally, the best way to resolve any issue you may have with overhanging trees would be to speak directly with your neighbour. Neighbour cut my trees right back. You should only contact the police if you feel the neighbour is going to cause damage or harm. #3. The change is the increased shade in your yard, not that the laural hedge is taking over. [report] [news] Monday 2nd March 2015. It will give a much more balanced and aesthetically pleasing result. Surely it would be the neighbours fault for allowing the hedge to grow out of control. To neaten up untidy branches, just clip in your Branch Cutter to cut branches up to 6mm thick. Also think about whether it's safe to cut back the roots. That means you can trim them and they will stay looking neat for potentially months to come. He then wrote to his local newspaper saying he The Trees (Disputes Between Neighbours) Act 2006 launch provides a process for resolving disputes between neighbours about trees and hedges. 2. The boundary hedge is a shared responsibility of the two neighbours. If specialist equipment is required for larger or hard to reach hedges, the hedge trimming cost can increase to £140 per hour. Having said that, if it’s a big tree then going halves on the cost of a professional tree surgeon makes sense. Received wisdom has always had it that it's alright to trim your neighbour's tree/hedge/bush if it's overhanging your property, but as the clippings belong to them you should throw them back over the fence, so I guess that's what he's doing. It'd need to be much lower than it's ever been in the 9 years I've lived here to be able to see over it from within a car. Step 2: Check whether you can apply for a High Hedge Notice. Sep 10, 2021 · This picture demonstrates how a Conifer hedge can soon get out of control if not trimmed regularly, both for the neighbours, but also the homeowner!! If your neighbour owns an evergreen hedge close to your property you can make a formal complaint to your Local Planning Authority (LPA) under the High Hedges legislation as set out in Part 8 of Oct 8, 2007 · I then pulled the hedge out for the one neighbour and left it in for the other neighbour and positioned my 6ft fencing accordingly. Legally, a landowner may cut off any tree branches The neighbours have been a bit over zealous with the trimming of the bits that over hang their garden. Both mediators and arbitrators are available to help resolve a dispute. The typical trimming will take between one to three hours. Mar 16, 2022 · HEDGES can form a natural border between gardens but they are also a growing source of disputes between neighbours. Equally any fruit on trees, even if they are growing on branches which overhang your property, still belongs to your neighbour. Due to the risks involved, we would always advise getting a professional to May 10, 2024 · Types of activity you cannot carry out. Hedge trimming is prohibited from the beginning of March until the end of July, which is bird breeding season. Hedges. A. I came home today to find a couple of people on my driveway working on the hedge. The procedure for getting a works order is set out in Order 93A of the District Court Rules. It is believed that the wasp nest is on the tree as I could hear the sound. You can cut back roots and branches that overhang or encroach onto your property, but it's best to discuss it with your neighbour first. You are therefore stealing if you pick these for yourself without your neighbours' permission. No. Hedges taller than 2m are subject to complaints. Feb 18, 2024 · Ask your neighbour whether they would like any trimmings back. You may only trim the foliage up to your property’s boundary – if you Feb 28, 2013 · Neighbor's Rights. Even touching your neighbour's garden without good reason is technically a trespass Oct 24, 2019 · Enter, the Hedge Trimmer HT50. Alternatively would I be expected to lose 2m of my garden in order to not risk the health of the hedge? May 17, 2024 · Where a neighbour complains about your hedge, the local authority can issue a remedial notice if two or more evergreen hedges exceed two metres in height by virtue of Section 66 of the Anti-social Behaviour Act 2003. An arbitrator will impose a solution. This tree is average 60ft high and the branch has fallen about 30ft. May 6, 2024 · Disagreements with the neighbours are typically related to the hedge’s cleanliness and size, and cutting of the hedge, especially in the breeding period. The end part of the garden (which is next to my property) is full rubbish. 3/. A mediator will help you negotiate a solution to the dispute. The hedge is now over 3m tall and expanding rapidly over the top of the boundary Jan 19, 2017 · However the owners of trees are not responsible for the leaves their trees shed into neighbouring properties. If you did want to plant a new tree, consider placing it in a new corner of the garden or opting for something smaller. Is this legal please? Feb 15, 2021 · Whatever you do in your garden, you probably don't want your neighbours or passers-by being able to see in while you do it. Hedges that sit on boundary lines are owned by both households. Keith Haines claimed he cut back a hedgerow to make a path more accessible for pedestrians and wheelchair users. You are responsible for maintaining your hedge to avoid damages to your neighbour’s property. You are technically committing theft if you dispose of your neighbor’s tree limbs. nw xv kc wf jm yi wz an xa zx